Is there a minimum operating time for the business before filing the I-829?

No. There is no legally established minimum operating time for the business that you must meet before filing the I-829. What the EB-5 program requires is not a clock of months in operation, but a result: that the investment has effectively generated the jobs the program demands.

In other words, the central point is substance, not formal duration. The business must be genuinely active, and the investor must be able to demonstrate, with solid documentation, that the expected jobs were created or maintained as a result of the investment.

In practice, this means gathering evidence that shows real operation and job creation, such as:

• Hiring records and payroll documents.
• Accounting and tax records that prove the business is active.
• Proof that the capital was actually deployed into the enterprise.

Because rules regarding timelines and job-creation requirements can change, the safest approach is to check the current requirements with USCIS or with a qualified immigration professional before filing the I-829.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.