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APPLICATION ANSWERS · EB-5 FIELD GUIDE

When should we start preparing the I-829 evidence?

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THE DIRECT ANSWER

Plan the reporting arrangements before investing and collect relevant evidence as the project develops. Form I-829 is ordinarily filed during the 90 days immediately before the second anniversary of conditional residence, not immigrant-petition approval. Job requirements and changes can matter earlier; waiting until that window may leave unresolved evidence gaps.

Use the residence date for the filing calendar

Record the actual conditional-residence grant and the family’s relevant notices. Confirm the applicable instructions for including family members. Filing I-829 does not itself remove conditions, and a project’s promise to repay after two years does not determine immigration eligibility. Review sustainment and commercial exit terms using the actual dates and current rules.

The stages run from petition, to visa availability, to an immigrant visa or a legitimate adjustment of status where you are eligible — and in some situations a qualifying EB-5 filing supports concurrent adjustment, so the steps are not always strictly sequential. Check the Visa Bulletin against your birth country each month, and note the dates that matter to you: status expiry, extension filing windows, and the point at which an adjustment or consular interview becomes realistic. Adjudication times are published by USCIS and differ between project categories and by country of chargeability, so check the current position rather than an older figure.