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SOUTH FRONTENAC · EB-5 FIELD GUIDE

When does the two-year conditional period start for a South Frontenac EB-5 investor, and when is the I-829 due?

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THE DIRECT ANSWER

It starts on the date conditional permanent residence is granted, at admission on the immigrant visa or on approval of adjustment, not on the investment date or petition approval. The I-829 is generally filed within the ninety days before the second anniversary of that date.

Count from the status date, not the wire transfer

Investors often anchor their planning to the day the money left their account, which is the wrong date for almost every deadline that follows. Petition approval comes first and confers no status. The family then completes consular immigrant-visa processing or, if lawfully in the United States, adjustment of status, subject to visa availability for the category.

Conditional residence begins on the date of admission or approval, and that is the anniversary that governs the I-829 window. Hypothetical example: the South Frontenac investor funds the project in the spring, the petition is approved the following year, and the family enters on immigrant visas that autumn; the I-829 is due in the ninety-day window before the second autumn anniversary, by which time the project must be able to document the jobs created. Keep the mortgage's maturity, the project's expected job-creation timeline and the I-829 window on one chart, and ask the regional center how it will supply the job evidence at the time it is needed.