Initial Conditional Nature of EB-5 Status

Green Cards > Employment Green Card > Initial Conditional Nature of EB-5 Status

EB-5 status is conditional for the first two years.  Within 90 days of the completion of the second year in that status, the applicant must request the removal of the conditional status, using Form I-829.  Note that the applicant does not need to be physically in the United States to file this request.  If this request is approved, then the applicant will have permanent resident status that is not subject to any conditions. 

In order to remove the conditional nature of the EB-5, the applicant must show:

• He/she invested or was actively investing the required amount;
• He/she sustained the new commercial enterprise and the investment substantially meets the capital investment requirement;
• He/she created or can expect to create within a reasonable period of time the ten full-time jobs for qualifying employees required by the statute.

Note that if the applicant fails to meet any of the key standards for EB-5 classification listed above, or the government determines that the new enterprise was established only to evade immigration laws, then the government can cancel EB-5 status at any point during the two-year conditional period.  An investor can be deported if his/her EB-5 status is terminated.  Additionally, note that an applicant with a conditional EB-5 can still seek naturalization and such an applicant’s naturalization petition must be reviewed within the time frame required by the law for all other applicants.