Requirements for Conditional Residents
Once your petition is approved, Immigrant Investors may obtain resident status for 2 years as a provisional or conditional resident by filing a separate Application for Permanent Residence if they are residing within the United States. Immigrant investors who are outside of the U.S. will need to apply for a permanent immigrant visa at a U.S. Consular Section. When you are admitted as a U.S. lawful permanent resident, you will be required to seek full permanent residence prior to the end of the 2-Year period. This will require that a second petition is filed during the 90 day period before the 2nd anniversary of your admission to the United States as a conditional resident.
In cases of investments made through a Regional Center project, the Regional Center will be responsible for providing you and your family with the documentation necessary to file the petition to remove the conditions on your green card. This is another important difference, or benefit, in choosing a Regional Center investment or another privately-managed pooled investment structure. If you create your own business, as the owner you will be tasked with the burden of collecting payroll records.
In order to achieve full permanent residence, an EB-5 investor is required to have maintained the investment by not withdrawing the funds. Most important is continuing the objectives of the proposed business plan submitted to USCIS. Most business plans require financial and job creation forecasts based on the type of business structure that you, the Immigrant Investor, initially invested in.