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.