Obtaining a green card through the EB-5 investor visa program grants conditional residence, not permanent residence. Therefore, your green card lasts for only two years. To obtain permanent residence you must remove the condition before your temporary green card's expiration date.
If the US government receives your request to remove the condition after the expiration date on your temporary green card your status as a U.S. resident may be in jeopardy which could lead to your removal and deportation from the United States.
To remove the condition, you must include documentation that shows your investment in a new commercial enterprise, as well as proof that you have met the legal requirements regarding the creation of jobs.
To fulfill the requirements of the EB-5 investment program you must have created 10 full-time jobs for U.S. workers. To be eligible for full-time status the employees must work at least 35 hours a week. Here, U.S. workers are defined as those able to legally work in the United States.
The jobs created can either be direct or indirect; however, indirect jobs count towards your required 10 full-time employees only if you are investing with an indirect EB-5 with a regional center.
Direct jobs involve you directly employing people to work at your new business.
There are two types of indirect jobs: normal indirect jobs and induced jobs. Normal indirect jobs are opportunities that are created to provide a service for your company. For example, cleaning or security services.
Induced jobs are those jobs created due to an uptick in the local economy due to your business. These jobs are created to service your employees, rather than your business. For example, they can include restaurant or department store employees.
If you should choose to invest in a troubled business, the requirements are different, because of the risk inherent in the investment. The job creation requirement, in particular, is simpler. You are not required to create 10 new jobs, instead you are required only to employ 10 employees which can include jobs that existed prior to your investment.
You must prove to USCIS that you have created jobs within two years, beginning when you received your conditional residency. USCIS expects the jobs created by you to last at least 2 years in order to be considered permanent.
When attempting to remove the condition, you must provide evidence that clearly shows that 10 jobs were created. The evidence provided can include but is not limited to the following: payroll documents, tax returns, and W-2 forms.
USCIS may take longer to process your petition than time remains on your temporary green card, but there is no need to worry; while your request is being processed, your status as a conditional resident is extended in one-year increments until a decision has been made regarding your petition.
The process for removing your condition is more involved that it appears. Therefore, obtaining an experienced attorney is of the utmost importance. Your lawyer can prevent you from making errors that could have dire consequences for your business or even your status as a US resident. Upon hiring the right attorney, they can advise you on the best investment path for your personal situation, all while saving you both time and money in the long run.
It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case.
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