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The Removal of EB-5 Conditions: Another Step Towards Permanent U.S. Residence

USCIS' EB-5 investor program is a special path to citizenship that encourages successful businesses to expand to the United States. If you've never heard about EB-5 investors and think you might be interested, you should definitely check out past blogs that explain this program in greater detail.

For EB-5 investors that have already immigrated and are now interested in permanent U.S. residence, the next steps would be removing the “conditional status”. Remember, these petitions for permanent residence can only be made within the 90-day period immediately before the second anniversary of the EB-5 investor's admission to the United States as a conditional permanent resident.

When EB-5 investors are first admitted into the United States, most are granted conditional permanent residence status. The “conditional” characteristic of these visas is that they are only valid for two years.  This same conditional status often extends to the investor's derivative family members. Within the 90 day period before the two years, applicants can petition to remove those conditions in order to gain permanent residence.

Now that we've established how EB-5 investors can remove their status, we must consider what USCIS wants to see in each petition.

On the USCIS website it neatly divides the requirements and expectations under three main subcategories: investment, job creation, and job preservation. The EB-5 investor's original petitions influence what types of supporting documents USCIS expects.

Supporting Documents for Investments

  • Federal Tax Returns
  • Invoices & Receipts
  • Bank Statements

These are some types of evidence that USCIS expects from this category of EB-5 investors. When making a case for permanent residence, the receipts, contracts, and other forms of evidence will allow the proper legal counsel to demonstrate the benefits and impact of one's residence.

Supporting Documents for Job Creation

  • Payroll records;
  • Relevant tax documents
  • Forms I-9 for employees.

These types of evidence is suggested by USCIS because it clearly demonstrates how a business created new jobs. With payrolls and other tax documents, the consular officer reviewing the application will easily understand where the money and investments are being spent.

Supporting Documents for Job Preservation

  • Payroll records;
  • Relevant tax documents
  • Forms I-9 for employees.

The supporting documents for investors making a case about job preservation are very similar to a case about job creation. The only additional information required is statements/evidence describing the business before the investment was made.

In cases of job preservation, a strong case will be made if there is a clear improvement. For example, if the number of employees have grown since the investment, the increase in employees can be viewed as company growth and improvement.

EB-5 investment program is definitely a great option for lots of immigrants. For many investors, they find themselves enjoying the American life to the point where two years is not enough. Thankfully, USCIS has already offered the next steps towards. With the right legal team, you can be on your way to finally receiving U.S. permanent residence.

This is an immigration legal blog. It is not intended to be used as legal advice.

For further information please contact the law offices of attorney Ramona Kennedy.

Ms. Ramona Kennedy received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA).

She is licensed to practice in the United States Supreme Court, US Immigration Courts, California Federal Courts of Southern & Central District & All California Courts. Ramona Kennedy is fluent in English and Farsi (reading & writing).

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