The lengthy processing times of Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) continues to delay the acquisition of Lawful Permanent Residence (LPR) in the US for EB-5 Visa investors. Form I-829 processing times significantly increased since 2021 based on the historic median processing times of the U.S. Citizenship and Immigration Services (USCIS). The current average I829 processing time for EB5 is between 49.1 to 61 months according to the U.S. Citizenship and Immigration Services (USCIS) website.
On January 11, 2023, USCIS began issuing receipt letters to EB5 Visa investors with pending I 829 applications to extend their Conditional Permanent Residence by 2 years to address the lengthy processing times. The receipt letter must be presented by the EB 5 Visa investor to be able to continue working in the USA as well as travel internationally and reenter as a Permanent Resident.
What is the Current USCIS I-829 Processing Time?
The current processing time for Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) is 61.5 months for 80% of the cases. The I829 form is processed by the U.S. Citizenship and Immigration Services (USCIS) for EB-5 Visa investors who are petitioning for the removal of the conditions on their permanent residency.
Historic median I-829 processing times from 2018-2023 are listed below according to the U.S. Citizenship and Immigration Services (USCIS).
- 2018- 21.8 months
- 2019- 25.9 months
- 2020- 24.8 months
- 2021- 34.5 months
- 2022- 45.5 months
- 2023- 49.1 months
When do EB-5 Investors File an I-829 Application?
Form I-829 is filed with the USCIS within 90 days before the EB-5 Visa investor’s anniversary as a Conditional Permanent Resident. Failure to file Form I829 in a timely manner revokes the permanent resident status of the EB5 investor and renders them removable from the United States.
The EB5 Visa is an immigrant program for foreign investors who are able to invest a minimum amount in a U.S. business that creates at least 10 full-time jobs for Americans. EB5 investors and their dependents gain an initial 2-year Conditional Permanent Residence (Conditional Green Card) upon approval of their initial petition. EB 5 investors then use Form I829 to apply for Unconditional Permanent Residence (Unconditional Green Card) that is valid for 10 years and renewable unlimitedly.
Why is the USCIS I-829 Processing Time Taking so Long?
Aaron Grau, the executive director of Invest in the USA (IIUSA), a non-profit trade organization for the EB-5 Regional Center Program, mentioned 2 primary reasons for the lengthy I-829 processing times. Grau cited the lack of available EB 5 Visas and USCIS inefficiencies as the main reasons for the long I 829 processing times. The COVID-19 pandemic and the lapse of the Regional Center Program were also factors in the increased I 829 processing time for EB5.
I 829 processing times have been shown to increase considerably from 2021 to the present. The current average I 829 processing time for EB5 is 49.1 to 61 months according to the USCIS website. Our page on EB5 Visa Processing Time contains complete information on the length of time it takes to go through each stage of the EB-5 Visa application.
How Do I-829 Processing Times Affect the Immigration Status of EB-5 Investors?
The increasing I-829 case processing time further delays the acquisition of Lawful Permanent Residence (LPR) in the US for EB-5 Visa investors. With the current I-829 processing times, the EB-5 investor’s Conditional Green Card will have reached expiration before their I829 petition is adjudicated. On January 11, 2023, USCIS began issuing EB5 investors with pending I829 applications a receipt letter that extends their Conditional Green Card validity by 2 years. The receipt letter must be carried by the EB5 Visa investor at all times to prove their permanent resident status while waiting for I829 approval. Additionally, the Child Status Protection Act (CSPA) age calculation guidelines were amended to provide protection against aging out for EB5 dependent children in consideration of the lengthy U.S. immigration process. USCIS will now use either the Dates of Filing or Final Action Dates from the Visa Bulletin to determine a child’s age at the time when an EB5 Visa becomes available under the Updated Child Status Protection Act (CSPA) Age Calculation for EB5 Dependent Children.
Do EB-5 Investors Get to Work in the US with a Pending I-829?
Yes, EB 5 investors are able to continue working or apply for employment in the USA while their I-829 petition is pending. The EB 5 investor will have to present their expired Conditional Green Card and the receipt letter for extension from USCIS to prove their eligibility for employment in the US.
Do EB-5 Investors Get to Travel Outside the US with a Pending I-829?
Yes, EB-5 Immigrant Investors are allowed to travel outside the US and reenter as permanent residents while their I-829 applications are pending. The extension letter from USCIS along with their Conditional Green Card must be shown to immigration and customs officials to avoid being questioned or detained.
What to Do with a Lengthy I-829 Application?
EB5 investors are unable to file an inquiry with USCIS regarding their I-829 applications unless their case has been pending past the normal processing times. I829 applications that have been pending longer than 93% of the rest of I829 cases are considered outside of the normal processing time as per USCIS. EB5 Immigrant Investors will be given a link to submit an inquiry if their I 829 falls outside the normal processing times after checking their case status on the USCIS website.
EB 5 investors with an expired I-829 extension and pending removal of conditions petition are advised to make an InfoPass appointment with USCIS if they are traveling outside the USA. EB 5 Visa investors are able to obtain a stamp on their passports extending their Conditional Green Cards by 1 year during the InfoPass appointment. The stamp is not needed for other purposes as the expired Conditional EB-5 Green Card and USCIS receipt notice are enough to prove continuing permanent resident status in the USA.
Can I File a Writ of Mandamus if My I-829 is Taking Too Long to Process?
Yes, if your I-829 petition has been pending for an unreasonable amount of time, you can opt to file a Writ of Mandamus with the help of your EB5 Attorney. USCIS is obligated by law to adjudicate petitions in a timely manner. You can file a Mandamus for your I-829 petition if it has been pending for more than 2 years. You need to prove that there is no other viable remedy other than Filing a Writ of Mandamus to address your complaint. Take note that an EB-5 Mandamus does not automatically result in the approval of your I829 form. USCIS can approve, issue a Request for Evidence (RFE), or deny your I 829 petition after a Mandamus.