Is there a minimum business operation time before the I-829?

The EB-5 visa involves a structured process in which the investor, upon meeting the investment and job creation requirements, acquires conditional residence for two years.

At the end of this period, the investor must file for removal of conditions (through form I-829), demonstrating that the enterprise met the criteria to generate the required number of jobs for the approval of the petition. There is no legally mandated minimum business operation time before filing the I-829.

However, it is essential that the company is effectively operating and that the investor can prove, with solid documents and evidence, that the job creation criteria have been met. In other words, even without a pre-established minimum period, the company’s operation must be sufficient to clearly and consistently demonstrate that the investments made have produced the expected results.

What matters in this context is gathering records that prove operational activity and the generation of the required jobs, regardless of how long the business has been running. It is worth emphasizing the importance of complying with all United States immigration laws, seeking guidance from reliable sources, and taking precautions with specialized professionals, avoiding offers that promise guarantees of success without proper analysis of the concrete case.

Strict compliance with the requirements is essential for a successful evaluation by USCIS during the removal of conditions process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.