The EB-5 Immigrant Investor Program allows foreign nationals to obtain a green card in the United States by investing $800,000 in a new commercial enterprise that creates or maintains at least 10 full-time jobs for U.S. workers. However, the green card that is initially granted to EB-5 investors is conditional. This means that the investor must meet certain requirements within two years of being granted the green card in order to have the conditions removed and to obtain permanent resident status.

As per the USCIS EB-5 Policy Manual, the requirements that must be met to remove the conditions on an EB-5 green card are as follows:

• The investor must have invested the required amount of money in a new commercial enterprise in the United States.
• The investor must have created or maintained at least 10 full-time jobs for U.S. workers.
• The investor must have maintained their lawful permanent resident status for at least two years.

To remove the conditions on their green card, the EB-5 investor must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. The Form I-829 must be filed within 90 days of the second anniversary of the investor’s admission to the United States as an EB-5 investor.

The Form I-829 must be accompanied by the following evidence:

• Evidence that the investor invested the required amount of money in a new commercial enterprise in the United States.
• Evidence that the investor created or maintained at least 10 full-time jobs for U.S. workers.
• Evidence that the investor has maintained their lawful permanent resident status for at least two years.

USCIS will review the Form I-829 and the supporting evidence to determine if the investor is eligible to have the conditions on their green card removed. If USCIS approves the Form I-829, the investor will be granted permanent resident status without conditions.

Here are some additional things to keep in mind about the removal of conditions for an EB-5 green card:

• The investor must be physically present in the United States when filing Form I-829.
• The investor must pay a filing fee of $3,750.
• The investor must provide USCIS with their passport and any other immigration documents that they have.
• The investor must be fingerprinted and photographed.

The removal of conditions for an EB-5 green card is a complex process. If you are considering applying for an EB-5 green card, you should consult with an immigration attorney to discuss your eligibility and to help you file the necessary paperwork.

Here are some of the benefits of removing the conditions on an EB-5 green card:

• The investor will have permanent resident status, which means that they can live and work in the United States indefinitely.
• The investor will be able to travel freely in and out of the United States.
• The investor will be able to sponsor their family members for green cards.
• The investor will be able to apply for U.S. citizenship after five years of permanent resident status.

If you are interested in learning more about the EB-5 Immigrant Investor Program or the removal of conditions for an EB-5 green card, please contact us for more information.