The Department of Homeland Security has proposed new I-829 rules that could allow EB-5 dependents to remove conditions on their Green Cards independently — a significant step toward greater family protection, transparency, and flexibility within the EB-5 program.
The EB-5 Immigrant Investor Program has always been a path to U.S. residency rooted in opportunity — for both investors and their families. By investing $800,000 USD in a qualifying project that creates at least 10 jobs, foreign nationals can secure conditional green cards for themselves, their spouses, and children under 21.
But until now, one question has lingered: what happens to dependents if the principal investor is unable — or unwilling — to complete the final step of the process?
That step, filing Form I-829, is the petition that removes conditions on permanent residence after the two-year conditional period. It confirms that the investor’s capital remained at risk and that the investment successfully generated the required jobs.
In late 2025, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) proposed a new rule that could change everything for EB-5 families. Beyond revising filing fees, the proposal introduces new rights and clearer procedures for dependent spouses and children to file Form I-829 independently when the principal investor cannot.
For EB-5 investors and developers alike, this represents more than a procedural tweak — it’s a shift toward fairness, flexibility, and long-term family protection.
1. Understanding Form I-829 — and Why It Matters
Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is the final milestone in the EB-5 process.
It’s typically filed within the 90-day window before the second anniversary of receiving conditional residence. Approval means the investor — and all included dependents — become unconditional lawful permanent residents of the United States.
Until now, dependents were always tied to the principal investor’s petition. If the investor died, abandoned their petition, or failed to file, dependents often faced uncertainty. The proposed rule directly addresses that gap, granting dependents a legal pathway to pursue their permanent residence even if the principal is no longer in the process.
Why it’s important:
- It prevents families from losing immigration benefits due to events outside their control.
- It aligns EB-5 with other U.S. immigration programs that allow derivative beneficiaries to continue after the petitioner’s death.
- It gives investors greater peace of mind that their families’ future in the U.S. remains protected — no matter what happens.
2. Key Highlights of the Proposed Guidance
The DHS proposal provides new definitions and procedures to streamline the EB-5 process for dependents. Here are the most relevant updates:
A. One Joint Petition for All Dependents in Case of Death
If the EB-5 investor passes away, all derivative family members (spouse and children) may now be included on a single Form I-829 petition.
This simplifies the process, reduces costs, and ensures that families can proceed together instead of filing multiple petitions.
B. Separate Filings in All Other Circumstances
If the investor is alive but chooses not to file the I-829 — or if dependents are not included in the main petition — each family member must file their own separate I-829.
This prevents delays and clarifies the legal standing of dependents who, under the old framework, could have been left in limbo.
C. Filing Deadlines Linked to the Principal Investor
Perhaps the most controversial change: when a dependent files separately, their filing deadline is tied to the same timeline the principal investor would have followed.
In other words, even if the dependent’s two-year conditional period began later, they must still meet the investor’s original I-829 filing window.
That detail could create practical challenges, as attorney Elissa Lu points out:
“In many EB-5 families, dependents obtain their green cards months — or even years — after the principal. Tying both to the same filing deadline could create serious timing conflicts.”
She and other experts recommend that DHS clarify that each derivative’s deadline should correspond to their own conditional period, not the principal’s.
D. Legal Consistency and Administrative Efficiency
The new guidance also ensures that independent filings are legally recognized, avoiding gaps or rejections based on procedural technicalities. This offers a more predictable system for attorneys and families navigating complex EB-5 timelines.
3. Why This Proposal Is a Game-Changer for EB-5 Investors
The EB-5 visa has always been a family-driven program — not just a financial investment, but a life strategy. The proposed I-829 rule strengthens that foundation in several ways:
✓ Family Protection and Continuity
Before this clarification, dependents could lose their immigration pathway if the investor passed away or failed to act. Now, they gain autonomy and protection — essential for families making multimillion-dollar life decisions.
✓ Greater Confidence in Long-Term Planning
Investors and their advisors can now build contingency plans into their EB-5 strategies, knowing dependents have independent standing. This improves peace of mind and strengthens the EB-5 program’s overall appeal.
✓ Alignment with Humanitarian Policy
The proposal brings the EB-5 framework closer to humanitarian principles reflected in other immigration categories, ensuring that the death or absence of a petitioner does not unjustly penalize a family.
✓ Reinforcement of Investor Trust in EB-5 Projects
For developers and regional centers like BAI Capital, this reform enhances investor confidence. Families are more likely to invest in compliant, well-managed projects when they know their immigration outcome won’t collapse under unforeseen circumstances.
4. The Timing Challenge: A Critical Detail to Watch
While the overall tone of the proposed rule is positive, attorneys and investors should pay close attention to one major issue: filing deadlines.
Under current practice, each EB-5 conditional green card holder (principal and dependents) follows their own timeline.
If the principal’s conditional period starts in January 2023 and the spouse’s begins in June 2024, their respective I-829 windows differ by more than a year.
However, the DHS proposal currently sets the same filing window for all — matching the principal investor’s schedule.
Potential problem: If dependents received their green cards later, they may have to file before completing their own two-year conditional period, creating procedural risks.
5. What EB-5 Families Should Do Now
Until the proposal becomes law, the best strategy is preparation. EB-5 investors should use this period to strengthen their documentation, understand timelines, and coordinate closely with legal counsel.
Step 1: Review Your Conditional Residency Start Dates
Ensure you know exactly when your and your family members’ two-year periods began. USCIS notices (Form I-797) and green card issue dates can help confirm this.
Step 2: Keep Investment Documentation Organized
Each I-829 requires proof that the required capital remained invested and that jobs were created. Maintain records such as partnership agreements, payroll reports, and project updates from your regional center.
Step 3: Consult with Immigration Counsel Early
Your EB-5 attorney can help determine whether dependents should be included in your filing or prepare to file separately if needed. Early coordination prevents last-minute complications.
Step 4: Stay Informed About the Rulemaking Timeline
The public comment period runs until January 23, 2026. DHS may issue clarifications or revisions afterward, so investors should follow updates through trusted EB-5 sources or their advisors.
Step 5: Plan for Contingencies
In family-based EB-5 planning, consider worst-case scenarios. If the principal investor passes away or becomes unable to file, ensure dependents understand their independent rights and responsibilities under the new framework.
6. Implications for Regional Centers and Developers
This policy evolution doesn’t only impact families — it also reshapes how regional centers and project sponsors communicate value to potential investors.
→ Stronger Investor Confidence
Highlighting family protection mechanisms adds depth to an EB-5 project’s credibility. It signals that the program isn’t just about financial returns but about securing a stable, predictable path to permanent residency.
→ Legal and Administrative Preparedness
Regional centers should update internal documentation processes to support derivative filings if needed, ensuring prompt delivery of job-creation evidence and compliance records.
→ Marketing Transparency and Compliance
Developers who proactively educate investors about I-829 family options show regulatory sophistication — a key differentiator in an increasingly competitive EB-5 landscape.
For example, BAI Capital’s team already integrates legal compliance and family planning strategies into every investor briefing, ensuring each participant understands the full EB-5 journey — from capital deployment to permanent green card approval.
7. A Step Toward a More Human-Centered EB-5 Future
At its core, the EB-5 program is about building lives, not just businesses. By empowering dependent spouses and children to continue their path to permanent residence, the DHS proposal recognizes that family unity lies at the heart of successful immigration policy.
If adopted, these updates would:
- Strengthen fairness and legal consistency within the EB-5 system.
- Encourage more international families to view EB-5 as a reliable immigration option.
- Inspire developers and investors alike to prioritize compliance and transparency.
It’s a reminder that immigration by investment is not merely a transaction — it’s a legacy decision.
Conclusion: What This Means for EB-5 Investors Today
For current and prospective EB-5 investors, the proposed I-829 changes represent a forward-looking shift in U.S. immigration policy — one that places family security and procedural clarity at the center of the process.
If approved, these updates will empower dependents to protect their status independently and reduce uncertainty during one of the most delicate stages of the EB-5 journey.
At BAI Capital, we welcome these developments as part of a more transparent, efficient, and compassionate EB-5 landscape. Our mission remains clear: to help investors and their families not only secure their Green Cards but also build a future in America with confidence and peace of mind.
Because the EB-5 path isn’t just about investing capital — it’s about investing in your family’s future.
