Appendix 25-1 Frequently Asked Questions about Form I-829 .
FREQUENTLY ASKED QUESTIONS ABOUT FORM I-829
1. What is the Form I- I-829 ? Form I-829 , Petition by Entrepreneur to Remove the Conditions, is a
petition that must be filed by an alien entrepreneur, or immigrant investor, in conditional permanent
resident status under section 203(b)(5) of the Immigration and Nationality Act.
2. What is the Form I-829 used for? Section 203(b)(5) provides an alien entrepreneur/ investor with a
2-year period of conditional residence to invest the required capital in a new commercial enterprise that
the alien has established. In addition, in the 2-year period the alien entrepreneur/investor must create
full-time employment for the required number of United States workers. (United States workers may be
citizens, aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be
employed in the United States, other than the petitioner and immediate family members). Form I-829 is
used by an alien entrepreneur/investor at the end of the 2-year conditional period to request removal of
the conditions on his or her lawful permanent resident status.
3. When is Form I-829 filed? It must be filed within the 90-day period preceding the second anniversary
of the conditional resident’s admission to the United States or adjustment of status as a conditional
4. Where is Form I-829 filed? Form I-829 must be filed with the USCIS service center having jurisdiction
over the location of the alien entrepreneur/investor’s commercial enterprise in the United States. On
December 4, 1998, the Service published a Federal Register Notice announcing that all petitions related
to alien entrepreneur/ immigrant investor classification were to be filed at the newly defined jurisdictional
areas of either the Texas Service Center or the California Service Center ( 63 FR 67135 ).
Petitions on Form I-829 are filed (1) with the Texas Service Center if the new commercial enterprise is
located, or will principally be doing bus