What is Form I-829 for EB-5?

Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status is filed by EB-5 investors to remove the conditions on their two (2) year green cards. The investors obtained the conditional green cards through their investment in a new commercial enterprise. Filing the Form I-829 is a crucial step in the EB-5 investor’s immigration process as once approved it allows the investors, along with their spouses and unmarried children under twenty-one (21), to achieve permanent residency in the United States. In this article, we explore the I-829 Form in detail, covering its purpose, eligibility requirements, necessary documents, filing timeline, common challenges, and practical tips for a successful submission.

Overview of the I-829 Form

Due to the conditional nature of the EB-5 investors’ permanent resident status, between 21 – 24 months after receiving the conditional green card, the EB-5 investors have to file an I-829 EB5 Form with USCIS to remove the condition on their permanent resident status. The EB-5 investors provide documentation to demonstrate they fulfilled the program’s requirements, including proof they sustained their investment and created the required number of jobs. The I-829 form is the final step in the EB-5 investors’ immigration process, and once approved investors become unconditional permanent residents of the United States.

 

Conditions for Removing Conditional Status

To successfully remove the conditions on the green card, the following requirements must be met:

  1. Invested Capital: The EB-5 investor must show they have invested or are actively in the process of investing the required capital; and the capital was made available to the business(es) most closely responsible for job creation.
  2. Sustained Investment: The EB-5 investors must show they have sustained their investment in the new commercial enterprise for two (2) years from the time their investment was made available to the entity most closely responsible for creating the jobs.
  3. Job Creation: The EB-5 investors must also show at least ten (10) full time positions for qualifying employees have been directly or indirectly created or will be created within a reasonable time. In the case of a troubled business, the EB-5 investors must submit evidence showing the number of existing employees were maintained at no less than the pre-investment level during the period of the EB-5 investors’ conditional permanent residence.

Specific Information and Documents Required

When filing Form I-829, the EB-5 investor needs to provide a variety of documents to support their petition, including:

  • Investment Evidence: Proof that the EB-5 investors’ capital contribution has been invested and sustained which may include but is not limited to: financial statements, bank statement, contracts, federal or state income tax returns.
  • Job Creation Documentation: The evidence needed to prove job creation is determined by the type of investment, direct or through a regional center.
    • The documentation for jobs created indirectly as a result of an investment in a regional center may include, but is not limited to: tax and financial statements, expenditure and revenue reports, construction draws, invoices and receipts, bank statements, quarterly reports etc. In addition, at the I-829 stage, an Economic Impact Report is generally commissioned to evaluate the actual number of jobs created from the construction and operation of the Project selected by the EB-5 investors. This report is generated based on the actual EB-5 eligible costs spent on the Project, as well as the actual revenue generated by the Project. This report is different than the initial Economic Impact Report provided to USCIS with the Form I-956F, Application for Approval of an Investment in a Commercial Enterprise filing as the inputs for calculating the jobs are no longer projections, but actual costs incurred during development of the Project and actual revenue generated during the second or third year of the Project’s operation.
    • The documentation of jobs created directly by the new commercial enterprise may include but is not limited to: payroll records, W-2s, employer’s quarterly federal tax returns, Forms I-9s, identification documents of the direct employees or any other evidence showing the required jobs were created or preserved.
  • Personal Information: Identification documents, such as copies of the applicant’s passport, green card, and any previous immigration documentation.

 

Timeline for Filing the I-829 Form

The I-829 form must be file within the 90-day period immediately before the second anniversary of the EB-5 investor’s admission as a conditional permanent resident. Filing early or late may result in complications or even the termination of the EB-5 investor’s conditional permanent resident status, so it is critical to adhere to this timeline.

I-829 Processing Time

The processing time for Form I-829 is listed on USCIS website. During this period, USCIS reviews the I-829 petition, request additional evidence, if necessary, and eventually reach a decision. It is important to note that while the EB-5 investor’s I-829 petition is pending, the conditional permanent residency status is automatically extended for the period indicated on the EB-5 investor’s filing receipt. After filing the I-829 Petition, the EB-5 investor receives a filing receipt notice from USCIS, which should accompany their expired green card.

 

Common Challenges and Practical Tips

Filing Form I-829 can be complex, and applicants may face several challenges, including:

  • Incomplete or Inconsistent Documentation: Ensure that all required documents are complete, accurate, and consistent throughout the petition.
  • Prove Job Creation: Demonstrating the investment has created or preserved ten full-time jobs can be challenging, especially in projects that face delays or other complications. The EB-5 investor who select to invest in one of Peachtree Group’s projects should be assured that all the project related documents necessary for their Form I-829 filing are collected, reviewed and assembled into an I-829 Template by Peachtree. The I-829 Template will be provided to our EB-5 investors well in advance of their 90-day filing window.
  • Meet the Filing Deadline: Missing the 90-day filing window jeopardizes the chances of removing the conditions on the green card.

 

Practical Tips for a Successful Submission

  • Start Early: EB-5 investor should begin gathering the necessary documentation well in advance of the filing deadline to ensure that everything is in order.
  • Consult with Experts: EB-5investors should work with their immigration attorneys and consultants experienced in the EB-5 process to prepare their petition and provide guidance. If you don’t have an immigration attorney, Peachtree Group can recommend several that have collaborated with us in the past.
  • Double-Check All Information: Review form and documents for accuracy and consistency before these are submitted to USCIS.
  • Stay Informed: Keep up to date with any changes in immigration laws or USCIS policies that could affect the petition.

Frequently Asked Questions

What is the I-829 Form?

The I-829 Form is a petition filed by EB-5 investors to remove the conditions on their permanent resident status. It is the final step in the EB-5 process, allowing investors to obtain an unconditional green card if the EB-5 Program's requirements are met.

How Do I Fill Out the I-829 Form?

To fill out the I-829 Form, the EB-5 investors must provide personal information, details about their investment, and evidence they have sustained the investment and created the required number of jobs. The I-829 Filing is a voluminous filing, containing numerous exhibits which generally include financial statements, tax returns and bank statements for numerous years, as well as constructions draws, expenditure reports, revenue repots and a job creation analysis, encompassing thousands of pages of supporting documents.

Why Do You Need to Fill Out the I-829 Form?

Filling out the I-829 form is necessary to remove the conditions on the EB-5 investor’s green card. if this petition is not filed, the conditional resident status will expire, and the investor will lose the ability to become a permanent resident of the United States.

What Happens After the I-829 Form is Approved?

Once the I-829 Form is approved, the EB-5 investor, their spouse, and their unmarried children under 21 become permanent resident of the United States of America. This status grants EB-5 investors many rights and privileges, including the ability to live and work in the United States, to own property, attend public school and colleges, and be protected by the laws of the United State and of the State where the EB-5 investors reside.

Additional Resources

For more information about the I-829 Form and the EB-5 Immigrant Investor Program, consider consulting the following resources:

  • USCIS Website: Access official forms, instructions, and updates on processing times.
  • A Simple Guide to EB-5 Immigration by Investment
  • Immigration Attorneys: Seek legal advice from professionals specializing in EB-5 cases. If you are not familiar with an immigration attorney, contact Peachtree Group, our team can give you contact information for several knowledgeable lawyers.
  • Contact Peachtree Group: Contact Peachtree Group for guidance on specific investment opportunities and compliance requirements.

Taking the Next Steps with Peachtree

Begin your journey to U.S. residency with an EB-5 investment. Once your information is received, one of our investor relations managers will reach out to you.

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Unlocking Creative Financing: How EB-5 Can Optimize Your Capital Stack

Explore the innovative capital solution that's enhancing commercial real estate returns. In this episode, Greg Friedman talks with Adam Greene about how Peachtree Group leverages EB-5 foreign investment capital to optimize project financing and create U.S. jobs.
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In a recent episode of the Peachtree Point of View podcast, Greg Friedman, CEO of Peachtree Group, sits down with Adam Greene, who heads the company's EB-5 program. Their conversation reveals how this unique financing mechanism can stimulate economic growth and job-creation while producing competitive advantages for commercial real estate investments.

For Peachtree Group investors, understanding EB-5 provides insight into how the firm enhances investment returns. The program works by connecting foreign nationals seeking U.S. green cards with development projects that need capital. These foreign investors contribute a minimum of $800,000 to qualifying projects that create U.S. jobs, and in exchange, they and their families receive a pathway to permanent residency.

The EB-5 capital typically comes at a lower cost than traditional financing sources, as foreign investors are primarily motivated by immigration benefits rather than financial returns. This allows Peachtree to replace more expensive layers of the capital stack with this efficient capital, potentially improving overall project economics.

Adam Greene, with 14 years of specialized experience in EB-5 and nearly three decades in construction financing, explains Peachtree's innovative approach: Unlike competitors who use a "best efforts" fundraising model, Peachtree fully underwrites and commits to projects upfront, then uses EB-5 capital as a take-out strategy. This eliminates execution risk while still delivering the financial advantages of EB-5 funding.

The podcast highlights a recent $25 million Home2 Suites hotel in Boone, North Carolina as an example. Located in a rural area qualifying for the $800,000 EB-5 investment threshold, the project successfully incorporated EB-5 capital to enhance its financial structure.

The conversation also touches on the proposed "Gold Card" visa program under the Trump administration, which differs significantly from EB-5 as it involves a $5 million donation to the U.S. Treasury rather than an investment in job-creating projects.

Key Takeaways for Peachtree Investors:

  • Enhanced Returns: EB-5 capital can be used as a take-out strategy for more expensive financing in the capital stack, potentially improving investment returns for Peachtree's investors.
  • Risk Mitigation: Peachtree's approach eliminates the funding uncertainty typically associated with EB-5 by fully underwriting projects upfront, ensuring deal execution regardless of EB-5 raise timing.
  • Competitive Advantage: In today's tight lending environment, access to this alternative capital source provides Peachtree projects with a meaningful edge in deal structuring.
  • Job Creation: EB-5 allows worthy, job-creating projects to obtain capital to get done, but only if they prove the extra benefit of job creation for their local economies.
  • Program Stability: The EB-5 program is authorized through September 2027, with investments made before September 2026 being grandfathered under current     rules, providing a clear timeline for planning.

Listen to the full episode of Peachtree Point of View to gain deeper insights into how Peachtree leverages EB-5 financing to optimize returns on commercial real estate investments. Follow Peachtree Point of View on your favorite podcast platform for more strategic conversations on investment opportunities and financing innovations.

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Peachtree Group Secures Approval for Four Regional Centers, Expanding EB-5 Investment Capabilities

Peachtree Group has successfully secured U.S. Citizenship and Immigration Services approval for four regional centers: Peachtree South Regional Center, Peachtree Northeast Regional Center, Peachtree Midwest Regional Center and Peachtree West Regional Center.

ATLANTA (April 2025) – Peachtree Group (“Peachtree”) has successfully secured U.S. Citizenship and Immigration Services (“USCIS”) approval for four regional centers: Peachtree South Regional Center, Peachtree Northeast Regional Center, Peachtree Midwest Regional Center and Peachtree West Regional Center. These approvals allow Peachtree to independently structure and sponsor EB-5 projects within the designated territories, streamlining the investment process and enhancing efficiency in bringing deals to market.

The approved regional centers cover the continental U.S., giving Peachtree a national footprint to expand its EB-5 program. With these approvals, the firm plans to scale its EB-5 efforts, increase deal volume and seamlessly integrate EB-5 capital into its broader investment strategy.

Peachtree launched its EB-5 program in 2023 with the appointment of Adam Greene as executive vice president. Since then, the program has received three I-956F approvals for hotel developments, including Home2 Suites by Hilton in Boone, N.C.; TownePlace Suites by Marriott in Palmdale, CA.; and SpringHill Suites by Marriott in Bryce Canyon City, Utah.

The Regional Center approvals, granted by USCIS, represents a critical milestone in facilitating EB-5 investment opportunities. Previously, Peachtree relied on third-party regional centers, which added complexity and extended processing times. Now, with its own approved regional centers, the firm can directly manage and file EB-5 investments, significantly reducing timelines and enhancing control over its platform.

“These approvals mark a major milestone for Peachtree, solidifying our ability to independently execute EB-5 transactions and accelerate our investment initiatives,” Greene said. “With this expanded capacity, we can efficiently sponsor and structure projects, further driving economic development and job creation across the country.”

Peachtree has built a strong reputation in commercial real estate investment, and the newly established regional centers align with its long-term vision of diversifying and optimizing its capital sources.

"Implementing an EB-5 program is an excellent way to access low-cost capital, diversify our funding sources and invest in job-creating projects across the country," said Greg Friedman, Peachtree's CEO and managing principal.

The EB-5 visa program allows foreign investors to obtain a green card in exchange for making a significant investment in a new commercial enterprise that creates jobs in the U.S. Under the program, foreign nationals who invest a minimum of $800,000 in a U.S.-based project that creates or preserves at least 10 full-time jobs for U.S. workers are eligible to apply for permanent residency in the U.S.

"Looking ahead, we are committed to expanding our EB-5 footprint by increasing the number of qualifying projects and deepening our engagement with EB-5 investors. With a proven investment track record, national reach and execution expertise, Peachtree is well-positioned to leverage these approvals and solidify its leadership in the EB-5 investment sector," Greene added.

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Peachtree Group Receives USCIS Approval for EB-5 Funded SpringHill Suites by Marriott Development

Peachtree Group has received its I-956F approval from USCIS for the currently under construction SpringHill Suites by Marriott in Bryce Canyon, Utah.

ATLANTA (April 28, 2025) – Peachtree Group("Peachtree") has received its I-956F approval from U.S. Citizenship and Immigration Services (USCIS), the government agency that oversees the EB-5 Immigrant Investor Program, for the currently under construction SpringHill Suites by Marriott in Bryce Canyon, Utah.

The I-956F approval, granted by USCIS, marks a crucial step in Peachtree’s ongoing efforts to facilitate investment opportunities through the EB-5 program, which is designed to promote economic growth and job creation in the U.S.

“Securing USCIS approval for this project marks an important milestone,” said Adam Greene, executive vice president of EB-5 at Peachtree. “It highlights our continued focus on structuring and originating capital for high-quality developments that generate economic impact and long-term value for investors and communities.”

Peachtree originated $16.95 million in floating-rate construction financing over a three-year term for the development of a 127-room SpringHill Suites in Bryce Canyon, Utah. The hotel will be located about 10 minutes from Bryce Canyon National Park, one of the most iconic natural attractions in the United States. Known for its dramatic geological formations, the park draws more than 2 million visitors annually. The hotel is expected to be completed by mid-2025.

This is the third hotel development for which Peachtree has received I-956F approval, having previously secured it for its Home2 Suites by Hilton development in Boone, N.C.,and TownePlace Suites by Marriott in Palmdale, Calif.

“With strong travel demand, limited new supply and favorable market tail winds, well-located, newly developed assets are positioned to out perform their competitive set,” said Greene. “Construction is already underway, reducing project risk, and the firm has retained an equity stake aligned with our EB-5 investors — reinforcing our commitment and directly tying our success to theirs.”

Peachtree launched its EB-5 program in 2023 as a key financing tool to support job-creating projects nationwide. The firm remains committed to delivering high-quality investment and development opportunities through its expanding portfolio of EB-5 projects.

The EB-5 visa program allows foreign investors to obtain a green card in exchange for making a significant investment in a new commercial enterprise that creates jobs in the U.S. Under the program, foreign nationals who invest a minimum of $800,000 in a U.S.-based project that creates or preserves at least 10 full-time jobs for U.S. workers are eligible to apply for permanent residency.