Skip to content
MUNICIPALITY OF THE COUNTY OF RICHMOND · EB-5 FIELD GUIDE

When must a Richmond County investor file Form I-829 after conditional residence begins?

Sources checked:

THE DIRECT ANSWER

Generally within the ninety days immediately before the second anniversary of obtaining conditional permanent residence. That filing is where job creation is proved, so the hiring schedule has to be built backwards from that date rather than left to look after itself.

The removal-of-conditions window sets the whole commercial timetable

Two years sounds generous until the sequence is laid out. The investment must be made and the capital placed at risk, the petition filed and adjudicated, an immigrant visa issued or status adjusted, and only then does the two-year conditional period begin. The jobs, however, are judged at the end of it, and the ten qualifying full-time positions must exist and be sustainable.

For a distributor being expanded, that means the warehouse lease, the equipment and the recruitment all have to be scheduled early enough that the roles are filled and documented well before the window opens, with payroll records, tax filings and employment records kept as they are generated rather than reconstructed. Around that spine sit dates outside anyone's control: visa availability for the relevant category, and the statutory adjustment of the investment amounts from 1 January 2027. Roseline should also date the practice wind-up and the estate distribution deliberately, because capital that arrives after the intended investment date pushes everything else back with it.