Immigrating to the United States to eventually become a citizen is a major step for many foreign nationals, and the EB-5 visa program offers a path for that to happen. The program allows people from other countries to invest at least $800,000 in U.S. businesses. In return, they can apply for a U.S. Green Card.

However, many new investors don’t fully understand that the first Green Card they get under the EB-5 program is not a permanent one nut a conditional one.

In this article, we will explain exactly what a conditional Green Card is and how it works to ensure you stay on the right path toward your U.S. permanent residency.

What Is a Conditional Green Card?

A conditional Green Card is a temporary version of a permanent resident card, and the U.S. government gives it to someone who is applying for a Green Card through programs like the EB-5 Immigrant Investor Program. This card is valid for two years, and it gives the holder the same rights as someone with a regular Green Card.

For example, with it, you can live and work in the U.S., travel in and out of the country, and apply for certain benefits. However, the card expires in two years unless you meet the requirements of the EB-5 program and apply to remove the conditions. You will have to submit Form I-829 in this regard, and if approved, you will get a full Green Card that is valid for 10 years and renewable.

Does a Conditional Green Card Count as Lawful Permanent Residency?

Yes, a conditional Green Card grants you lawful permanent resident (LPR) status. In fact, if someone asks whether you are a lawful permanent resident while you hold a conditional Eb-5 Green Card, you can answer “yes.”

However, the difference is that a conditional Green Card lasts only two years and cannot be renewed. On the other hand, the permanent Green Cards are valid for 10 years and can be renewed.

Traveling abroad is allowed for conditional LPRs. But staying outside the U.S. for more than six months is risky because the USCIS may assume that you’ve abandoned your U.S. residency. Additionally, once you’ve held permanent resident status for five years, including time with a conditional Green Card, you may apply for U.S. citizenship through naturalization.

What Do EB-5 Investors Need to Remove the Conditions?

To remove the conditions on their Green Card, EB-5 investors must show that they have met all the program rules, which focus on two main areas:

Job Creation

Your investment must go into a new commercial enterprise (NCE) that creates or is in the process of creating at least 10 full-time jobs for U.S. workers. It is expected that you would have provided details on how the NCE would create jobs with supporting documents when you filed your I-526E form.

When you later file your I-829 petition, USCIS checks whether the business actually fulfilled the requirement. It is best to work with a reliable regional center throughout your EB-5 process because they can easily handle the job tracking and reporting process for you.

Investment Sustainment

You must show that you kept your investment at risk for at least two years. “At risk” means that the money remained in the project and was used in a way that involved both a chance of loss and a chance of gain. Additionally, you cannot ask for your money back or take profits before the two-year period ends. If you do, USCIS may deny your I-829 petition.

Steps to Remove EB-5 Green Card Conditions

Removing the conditions on a Green Card takes careful planning and timely action because you must apply to remove the conditions during the final 90 days before your two-year conditional Green Card expires. Here’s how the process works:

• File Form I-829: This form is your official request to remove the conditions on your Green Card. You are to include all required supporting documents that show you met the EB-5 requirements, such as job creation and investment sustainment.
• Receive your receipt notice: After USCIS receives your I-829, they will send you a receipt notice, which automatically extends your conditional resident status. You should keep the receipt and carry it along with your Green Card to prove your legal status while USCIS processes your case.
• USCIS reviews your case: USCIS will carefully review your I-829 form and supporting documents and compare them with your original I-526E petition. If you followed all program rules, your petition will be approved.
• Get your 10-year Green Card: When your I-829 is approved, your conditional status is removed, and you receive a permanent Green Card valid for 10 years. At this point, you now have full lawful permanent resident status.

It is important to note that if you fail to file Form I-829 during the 90-day window, your conditional status will end automatically on the two-year anniversary. Then, you may start building up unlawful presence in the U.S., unless you can prove that serious circumstances caused the delay.

Protect Your Future in the U.S. With EB5AN

As an EB-5 investor, receiving your conditional Green Card is the first step on your journey to permanent residency. Once you get the conditional Green Card, you need to file I-829 before the deadline to protect your investment and your future in the U.S. Working with experienced professionals is a proven way to ensure you are always on track.

With over 10 years of experience and more than 2,700 families from 70+ countries assisted to become permanent U.S. residents, EB5AN can help you navigate the EB-5 process. We know what the program entails, and we can help you stay compliant all the way.

To begin your EB-5 Green Card process, book a free one-on-one call with our experts today.