EB-5 Policy Manual Conditional Resident Update

EB-5 Policy Manual Conditional Resident Update: Continued Job Creation and Capital At Risk Requirements for Investors To become a lawful permanent resident without conditions, immigrant investors must properly file a Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (Form I-829). Once USCIS receives a properly filed Form I-829, USCIS automatically extends the immigrant's CPR status for 1 year, with opportunities for further extension, until the Form I-829 is adjudicated or a final order of removal is issued.

To seek removal of the conditions on permanent resident status, the immigrant investor must file a Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (Form I-829) within 90 days prior to the 2-year anniversary of the date conditional permanent resident status was granted (for example, adjustment of status application was approved or investor admitted into the United States on an immigrant visa).

The immigrant investor must submit the following evidence with his or her petition to remove conditions:

•Evidence that the immigrant investor invested, or was actively in the process of investing the required capital and sustained the investment throughout the period of the immigrant investor's residence in the United States; and

•Evidence that the new commercial enterprise created or can be expected to create, within a reasonable time, at least 10 full-time positions for qualifying employees. [1] In the case of a troubled business, the investor must submit evidence that the commercial enterprise maintained the number of existing employees at no less than the pre-investment level for the period following his or her admission as a conditional permanent resident

The USCIS Policy Manual has been updated regarding the documentation of conditional permanent resident (CPR) status for employment-based fifth preference (EB-5) immigrants. The Policy Alert is available here:

· Volume 6: Immigrants, Part G, Investors, Chapter 5, Removal of Conditions (Final date for comments: May 15, 2018)

We recommend you visit the Policy Manual for Comment page for information on stakeholder review and comments.