One of the most frequently asked EB-5 questions is when and how does an immigrant investor remove the conditions on their permanent resident status?

Here's when an immigrant investor removes the conditions on their permanent resident status:

In order to remove the conditions on permanent resident status, an immigrant investor must file their I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status within 90 days prior to their 2-year anniversary of the date their conditional residency status application was approved or when the immigrant investor was admitted into the US on an immigrant visa.

Here's how an immigrant investor removes the conditions on their permanent resident status:

According to USCIS, they can do so by filing the following evidence:

1. Provide evidence that shows that the EB-5 immigrant investor made the investment or was in the process of investing and that the investment was sustained throughout the required period of time.
   1. Evidence of the investment could include, but is not limited to, an audited financial statement or probative evidence.
   2. Evidence that the at-risk investment was sustained through the required period could include, but is not limited to, bank statements, invoices, receipts, contracts, business licenses, federal or state income tax returns, or federal or state quarterly tax statements.
2. Provide evidence that shows that the new commercial enterprise created or is expected to create, within a reasonable amount of time, at least 10 full-time positions for qualified US employees.
   1. Evidence of direct job creation can include payroll records, relevant tax documents, or Form I-9, Employment Eligibility Verification.
   2. Evidence of indirect job creation in regional center investments must include reasonable methodologies, including multiplier tables, analyses of foreign and domestic markets for goods or services to be exported, feasibility studies, or other statistically or economically valid forecasting devices.
   3. A business plan can be submitted to show that jobs will be created within a reasonable period of time after the I-829 Petition is adjudicated, giving the EB-5 investor some flexibility.

 For more information about removing conditions on permanent residency status, send us a message. [formidable id="11" title="1"]