I-829 Petition in 2025: The Final Step to a Permanent Green Card
Introduction: Completing the EB-5 Journey
The I-829 petition marks the final stage in the EB‑5 Immigrant Investor Program. By filing Form I-829, investors seek the removal of conditions on their U.S. Green Card and obtain full permanent residency. In 2025, understanding evolving review standards by the United States Citizenship and Immigration Services (USCIS) and documentation expectations is essential for a smooth transition from conditional to permanent resident status.
What Is the I-829 Petition?
Form I-829 is filed with USCIS approximately 90 days before the two-year anniversary of the investor’s conditional Green Card. The purpose is to demonstrate that the investor satisfied all EB-5 program requirements most importantly that their investment resulted in the creation of at least ten (10) full-time U.S. jobs, and that the investment capital remained “at risk.”
USCIS Processing Trends and Timelines in 2025
Recent data show encouraging signs for I-829 adjudications:
During the first half of FY2025 (October 1, 2024 – March 31, 2025), USCIS processed 2,531 I-829 petitions and approved 2,380. That yields an approval rate of approximately 94 %.
In that same period, the median processing time dropped to about 8.2 months — a significant improvement.
At the end of March 2025, there were about 6,963 pending I-829 cases.
While this paints a strong picture of performance at the I-829 stage, investors should still plan carefully: processing times will vary by project, case complexity, and job-creation documentation.
Common RFE and Denial Triggers
USCIS continues to issue Requests for Evidence (RFEs) and denials when documentation is weak. Common triggers in 2025 include:
Insufficient proof of sustained investment capital being “at risk” throughout the conditional period.
Economic modelling or job-creation evidence that fails to show 10 full-time U.S. jobs clearly connected to the investment.
Inconsistent or incomplete documentation of funds transfers, deployment into the New Commercial Enterprise, or maintenance of the capital investment.
Ambiguity in when the “sustainment period” begins (especially post-reform investments) and whether funds remained at risk for the required time.
How to Strengthen Your I-829 Petition
To maximise the chance of a successful I-829 outcome, investors should follow these best practices:
Maintain comprehensive records of fund transfers and clear audit trails from investor project.
Request regular project updates from the Regional Center or project developer track job creation, payroll records, and employment start-dates.
Review and validate economic impact reports for accuracy and consistency with job-creation targets.
File within the 90-day window before the conditional Green Card expires, but only when you are confident that jobs creation and capital sustainment meet the requirements.
Work with experienced immigration counsel (and ideally counsel with EB-5 track record) to ensure all documentation meets current USCIS guidance.
Investor Rights While I-829 Is Pending
Once you file Form I-829:
The validity of your conditional Green Card is automatically extended via the I-829 receipt notice (which allows travel, work authorisation, and driver’s licence renewal).
You and family members retain full legal status while USCIS carries out adjudication.
You may travel internationally and resume U.S. re-entry (subject to normal rules) but always carry your I-829 receipt and proof of extension.
ArcAsia Advisors Insight: Preparing for a Smooth Transition
At ArcAsia Advisors, we guide EB-5 investors through every stage of the immigration journey from initial investment to I-829 approval with a strategic and compliance-first approach.
We advise beginning I-829 preparation at least one year before the conditional status expires. That timing gives sufficient head-room to gather job creation documentation, review fund sustainment, and respond to any emerging RFE risks.
Our value to you: we help ensure the investment is in a project with a strong jobs-creation plan, we document the source and path of funds from day one, and we align the timeline with your ultimate residency goal.
