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KILLARNEY · EB-5 FIELD GUIDE

Does practical completion of construction determine when I-829 is due?

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THE DIRECT ANSWER

No. The usual filing window follows the investor’s conditional residence, not the project’s completion certificate.

Track the immigration date independently

Conditional residence begins on immigrant admission or adjustment approval. I-829 generally is filed in the 90 days before the second conditional-residence anniversary. A building milestone does not remove conditions, guarantee repayment or create current work authorization.

Assembling a career-length financial record commonly takes several months before anything can be filed, and the overall process runs for years, including a two-year conditional residence period. If an official response deadline already applies, track that actual deadline rather than assuming a records request pauses it; no preparation milestone promises adjudication timing. Records supporting job creation have to exist contemporaneously rather than being assembled at the end, so the reporting arrangement and the investor's entitlement to receive information should be settled at the point of investment rather than requested when the filing window approaches. The frequent mistake is counting that removal window from the investment, petition, or sale date, or rushing filing to satisfy a private project deadline before lawful-source records are ready.