Successful EB-5 investors, after an approved I-526 or I-526E petition and consular processing (outside the U.S.) or adjustment of status (within the U.S.), are granted two years of conditional permanent residency.
To remove conditions on permanent residency, an I-829 petition must be filed and approved. This petition gives final proof that the petitioner meets the requirements of the EB-5 program.
The principal requirements to remove conditions are as follows:
The EB-5 investor invested or is actively in the process of investing the required capital.
The investor sustained the investment throughout a period of two years.
The investment in a new commercial enterprise (NCE) created, or is actively in the process of creating, 10 full-time positions within a reasonable time.
