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APPLICATION ANSWERS · EB-5 FIELD GUIDE

When does a Thunder Bay investor file Form I-829, and what happens if the jobs are late?

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THE DIRECT ANSWER

The petition to remove conditions is filed in the ninety days before the second anniversary of obtaining conditional residence. Jobs that have not yet materialized are the most common problem, and the standard allows for creation within a reasonable time rather than demanding that every position exist on the filing date.

Two years is short for a facility that has to be built and staffed

The conditional period begins on admission or adjustment, not on the day the money was invested, so a long adjudication before that point does not extend the window afterwards. During those two years the capital has to remain invested and the enterprise has to keep operating; withdrawing the funds early defeats the petition regardless of how well the business performed. If the jobs are behind schedule, the file should explain why with evidence rather than assert that they are coming, showing construction progress, executed leases, hiring plans and payroll growth to date.

Two practical habits help. Keep quarterly payroll evidence from the first day of operations so the record is contemporaneous. And diarize the ninety-day window immediately, because a missed filing period puts the family's status at risk for reasons that have nothing to do with the merits.