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In order for EB-5 investors to receive green card status they must have their I-829 Petition approved. Approval of the I-829 Petition means that the EB-5 investor submitted sufficient proof that they met all of USCIS requirements of the EB-5 Program.
Meeting these requirements and receiving I-829 Petition approval means the EB-5 investor and their spouse and unmarried children under the age of 21 all receive lawful permanent residency (ten-year green card).
The EB-5 investor must file their I-829 Petition within 21 to 24 months after receiving their two year conditional residency. This petition is typically prepared and filed by an experienced immigration attorney who specializes in EB-5 applications. The I-829 Petition is submitted to USCIS. An immigration attorney with knowledge of the EB-5 process is often used to file the I-829 because their experience can help minimize the chances that USCIS will request additional evidence which would prolong the process for approval. On average, the process takes 6 months.
In order to receive the I-829, an EB-5 investor must show proof meeting these EB-5 Program requirements:
- They have received their two year conditional residency.
- They established a new commercial enterprise.
- They submitted proof that the required amount of capital was invested into the project
- They must show that the commercial enterprise was sustained throughout the entirety of the EB-5 investors two year conditional residency.
- The EB-5 investor must attend USCIS biometrics appointment.
- If the EB-5 investor applicant has any criminal history they must provide legal documents such as documents relating to their criminal history.
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