Conditional Permanent Residence
To ensure the job requirements are met a two-year conditional permanent residence status is given to EB-5 investors and their immediate family members (spouse and unmarried children). Conditional permanent residents have the same rights, privileges and responsibilities as permanent residents, but must apply to remove the conditions prior to the end of the two-year period.
The petition to remove the conditions must be filed within 90 days prior to the second anniversary of the EB-5 holder's lawful admission as a permanent resident. If the application is not submitted during this period the conditional resident's status will be automatically terminated and removal proceedings will be initiated.
The application to remove the conditions must include documents showing that:
- A commercial enterprise was established.
- The person invested the proper amount of capital.
- Ten (10) full-time jobs have been created as a result of the investment.
- The capital invested was lawfully gained.
- He or she "sustained the actions required for removal of the conditions" during his or her residence in the United States. An alien entrepreneur will have met this requirement if he or she has "substantially met" the capital investment requirement and has continuously maintained this investment during the conditional residence period.
The USCIS will examine the business to determine whether the investor has complied with all of the established requirements.
The entrepreneur's residence may be terminated at the end of the two-year period or earlier if it is found that the business was not established or was established solely to evade immigration laws, or that the requirements were otherwise violated. Otherwise, the foreign investor and his/her family will be granted full permanent residence.