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POINT EDWARD · EB-5 FIELD GUIDE

When is Form I-829 due after conditional residence begins?

Sources checked:

THE DIRECT ANSWER

Form I-829 is generally filed during the 90-day period immediately before the second anniversary of obtaining conditional permanent residence.

Diary the date from the residence record

Do not calculate the filing window from the date a project was selected, capital was wired, or the investor petition was approved. Record the date conditional permanent residence actually begins and calculate the 90-day period leading up to its second anniversary. Keep the relevant admission or adjustment evidence with a durable calendar reminder, while confirming current instructions before filing.

The I-829 stage asks for evidence concerning the investment and job-creation requirements, so maintain project reports, bank and subscription records, enterprise records, tax documents where relevant, and communications that explain material business changes. A delayed construction timetable or revised business plan should be examined early, not hidden until the deadline. Petition approval is not the same as residence, and a conditional-residence card is not the same as removal of conditions.

Family members’ documentation and travel plans should also be tracked. Timely preparation gives the investor room to obtain records from a regional center, enterprise, bank, or employer without turning a statutory window into an emergency. Because instructions and individual circumstances can change, check the official form instructions and qualified counsel before relying on any calculated date.

Establish annual or quarterly document reviews while conditional residence is in effect. The project may issue new reports, revise schedules, or replace service providers. Filing an organised record over time is safer than trying to recover historical proof from multiple parties shortly before a statutory deadline.