Form I-829 Guide

USCIS evaluates whether the investor has maintained their investment and created the required number of jobs. A common mismatch occurs when evidence of job creation is insufficient or not provided. It's important to clearly document all aspects of your investment and job creation efforts in Form I-829.

• Submit audited financial statements to prove your investment.
• Provide bank statements showing the flow of funds.
• Include contracts and business licenses related to your investment.
• Document job creation with payroll records and tax documents.
• Label all evidence clearly to correspond with your petition sections.
• Prepare to submit original documents if requested by USCIS.

• Missing required evidence as specified in the instructions, such as proof of investment or job creation.
• Inaccurate or incomplete information in the petition, including names or identification numbers.
• Failure to provide a valid signature, whether original or a compliant photocopy.
• Not submitting the required copies of the Permanent Resident Card for all dependents included in the petition.
• Omitting the filing fee or including an incorrect amount as per Form G-1055.

• Petition must be filed within the 90-day window.
• Include a valid signature on the petition.
• Provide evidence of investment and job creation.
• Submit copies of all relevant Permanent Resident Cards.
• Ensure all names and identification numbers are accurate.
• Include the filing fee as per Form G-1055.
• Prepare for a biometrics appointment if requested.
• Provide evidence of any criminal history if applicable.

• Action Block

  Prepare to complete this section with the necessary supporting documents.

• Fee Receipt

  Include the filing fee information as outlined in Form G-1055.

• Immigrant Classification

  Provide details regarding your immigrant classification.

• Regional Center Identification Number

  Ensure you have the correct Regional Center ID for your investment.

• NCE Identification Number

  Include the NCE ID associated with your investment.

• Criminal History

  Disclose any criminal history and provide supporting documentation if applicable.

• Part 1. Basis for Petition
  • What Is the Purpose of Form I-829?
  • Is the investment associated with a Regional Center?
  • What is the name of the Regional Center?
  • Regional Center Identification Number
  • What is the name of the New Commercial Enterprise (NCE)?
  • NCE Identification Number
  • USCIS Online Account Number (if any)
  • U.S. Social Security Number (if any)
  • Family Name (Last Name)
  • Given Name (First Name)
  • Middle Name
  • Alien Registration Number (A-Number) (if any)
  • Country of Birth
  • Country of Citizenship or Nationality
  • Date of Admission as a Conditional Permanent Resident
  • Form I-526 Receipt Number on Which This Petition is Based

• Evidence of Conditional Permanent Resident Status
• Submit a copy of the front and back of your Permanent Resident Card.
• Provide copies of the Permanent Resident Cards for your spouse or former spouse and each child applying with you.
• Evidence that you invested or were actively investing the requisite amount of capital.
• Evidence that you sustained your investment in the NCE throughout your conditional residence.
• Evidence that your investment created or is expected to create 10 full-time jobs for qualifying employees.

• Failing to submit the petition within the 90-day window.
• Not including required evidence, leading to potential rejection.
• Incorrectly filling out the Regional Center Identification Number.
• Omitting signatures or submitting invalid copies.
• Not providing evidence of job creation or investment sustainability.
• Submitting documents that are not legible.

• Situation: An investor needs to remove conditions on their residency. Task: They must file Form I-829 within the 90-day window before their second anniversary. Action: The investor gathers all required evidence, including proof of job creation and investment sustainability, and submits the form on time. Result: Their conditional status is maintained, allowing them to continue living in the U.S.
• Situation: A conditional resident's spouse has died. Task: The surviving spouse wants to file Form I-829. Action: They include their children in the petition and submit it within the required timeframe, ensuring all necessary evidence is attached. Result: The family successfully removes conditions on their residency, preserving their status.
• Situation: An investor fails to submit evidence of job creation. Task: They must provide payroll records to support their petition. Action: The investor collects and submits the necessary documentation, including evidence that the investment created or maintained the required number of jobs. Result: USCIS accepts their petition based on the provided evidence.
• Situation: An investor is unsure about the filing fee. Task: They check Form G-1055 for the current fee. Action: The investor includes the correct fee with their petition, ensuring it matches the latest guidelines. Result: Their petition is processed without delay due to fee issues.

• A photocopy of a signature is not valid unless it meets specific requirements outlined in the instructions.
• All dependents must file their own petitions if not included in the primary petition, even if they are eligible.
• The petition must be filed within a strict 90-day window to avoid termination of conditional status, with no exceptions.
• Evidence of job creation is optional, but it is crucial for the approval of the petition.
• The filing fee is a fixed amount and does not change, regardless of when the petition is submitted.

This guide is based on the official instructions for Form I-829, ensuring you have the most current and accurate information. It provides non-legal advice to help you navigate the petition process effectively.

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