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WATERLOO · EB-5 FIELD GUIDE

Does completing a project phase automatically satisfy I-829?

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THE DIRECT ANSWER

No. The individual removal-of-conditions requirements and evidence still need assessment. A commercial milestone is not a government decision.

Use the actual residence record

Identify the conditional-residence start and filing window. Do not calculate them from construction completion or assume filing itself removes conditions.

Budget the Form I-526 filing charge on the USCIS fee schedule, later immigrant-visa or adjustment and removal-of-conditions charges, legal and accounting costs, a business plan and any site analysis, and the tax cost of extracting capital from the Canadian company. Most importantly, conditional residence begins upon the relevant admission or adjustment, not when the investor first wires funds or files a petition; Form I-829 must be filed within the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status. After approval and when a visa number is available, the family completes consular processing or adjustment and receives two-year conditional residence; in the ninety days before the second anniversary they file the I-829 showing the capital remained invested and the jobs were created. Government charges apply at several stages, including the initial petition, the immigrant visa or adjustment stage, and later the petition to remove conditions, and current amounts should be taken from the published fee schedule.