An investor with an EB-5 visa is admitted to the U.S. as a conditional permanent resident. This visa lasts two years. If investors wish to remain in the U.S. at that point, they will need to file a petition with U.S. Citizenship and Immigration Services (USCIS) in order to remove the conditions from their permanent resident status.
Within 90 days of the second anniversary of the date that they were admitted to the U.S. as conditional permanent residents under EB-5 visas, investors should file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status with USCIS. If USCIS grants the petition, the conditions will be removed from the EB-5 visa investor’s permanent residence and any dependents who were included on the visa.
Removing the Conditions on an EB-5 Visa
Along with the petition, you must submit a $3,750 fee, plus a $85 biometrics fee for the petitioner, as well as for each current or former conditional permanent resident spouse or children included on the petition as a dependent. Additionally, you must provide evidence that:
• A lawful business entity has been established in the U.S.
• If applicable, the enterprise was established in a targeted employment area
• The investor has invested or is in the process of investing the amount required for the area in which is the business is located
• The capital used for the investment was earned or derived from lawful means
• The business is expected to create at least 10 full-time positions for American workers
• The investor will be engaged in the day-to-day management of the business operations
When you or a loved one is facing an immigration law dilemma involving an EB-5 visa or another issue, you need legal advice and counsel from experienced Texas immigration attorneys. At Peek & Toland, we are here to help you with your immigration case. We will devote all our efforts to representing your interests, answering your questions, and calming your concerns. Don’t hesitate to contact Peek & Toland and schedule a time to meet with us today. We can help protect your rights and get you the relief that you need.