EB-5 Green Card Conditions Explained: What Is a Conditional Green Card?

The EB-5 Immigrant Investor Program grants U.S. permanent resident status to foreign nationals who invest at least $800,000 in the U.S. economy. The investment must be in a new commercial enterprise (NCE) that will create at least 10 full-time jobs for qualified American workers.

After selecting a suitable EB-5 project and transferring the investment funds to the NCE, you will file a Form I-526E, which is your EB-5 petition. If USCIS approves your Form I-526E, you’ll apply for a Green Card through adjustment of status or consular processing, depending on your current location. Investors already in the U.S. on another visa route can file for adjustment of status concurrently with their EB-5 petition.

If United States Citizenship and Immigration Services (USCIS) approves your Form I-485 (application for adjustment of status) or DS-260 (application for consular processing), you’ll be issued a conditional Green Card, granting you conditional permanent residency.

To help you understand the EB-5 process more fully, this article explores the EB-5 Green Card conditions, the benefits and validity of a conditional Green Card, and the requirements for the removal of Green Card conditions.

What Is a Conditional Green Card?

A conditional Green Card grants you the right to live and work anywhere in the U.S. for two years. You can work for any employer, start a business, enroll in any U.S. institution, buy a house, and enjoy a slew of other benefits. A conditional Green Card essentially confers temporary permanent resident status.

After two years—during which time investors must satisfy the complete requirements of the EB-5 program—you must submit Form I-829 to remove the conditions and update your Green Card to an unconditional 10-year one.

Is a Conditional Green Card the Same as Legal Permanent Resident Status?

A conditional Green Card confers the same rights and benefits as legal permanent resident (LPR) status. An EB-5 conditional Green Card shows that you’ve been admitted to the U.S. as a permanent resident for a limited period (two years), subject to specific EB-5 conditions. Put simply, an EB-5 conditional Green Card holder can rightfully answer “yes” when asked if they are a lawful permanent resident.

Like other permanent residents, EB-5 conditional residents can also travel abroad. However, extended stays abroad (longer than six months) can jeopardize your lawful resident status, as USCIS may assume that you have abandoned your U.S. residence.

The key difference between a conditional Green Card and full LPR status is that the first is temporary while the latter is permanent. Conditional Green Cards are non-renewable after two years, whereas Green Cards are valid for 10 years and can be renewed.

Additionally, after five years of residing in the U.S. as a permanent resident, including time spent on a conditional Green Card, you can apply for U.S. citizenship by naturalization.

Requirements for Removal of EB-5 Green Card Conditions

EB-5 investors must meet specific requirements in line with their I-526E filing to qualify for removal of Green Card conditions.

The two main requirements center around job creation and investment sustainment.

Job Creation

Job creation is one of the key conditions for receiving an EB-5 Green Card.

The NCE you invest in must create or be in the process of creating the required 10 jobs at the time of your I-829 filing. You’ll usually outline how your NCE will create the jobs with relevant supporting documents in your Form I-526E filing.

USCIS will analyze the actual job creation filed in your I-829 petition against your I-526E filing to ascertain whether you’ve adhered to the terms of your I-526E approval and have created or are in the process of creating all 10 jobs. Investing with a reputable regional center can facilitate this step.

Investment Sustainment

Your EB-5 investment must remain “at risk” for at least two years for you to be eligible for Green Card conditions removal.

Put simply, this means there must not be any guarantee of repayment, and you cannot withdraw your funds or receive any repayment prior to the conclusion of this period.

How to Remove EB-5 Green Card Conditions

As mentioned above, EB-5 conditional residency lasts for two years. 90 days prior to the end of your conditional residency, you must file a Form I-829 for the removal of your Green Card conditions.

Once USCIS receives your I-829 application, they’ll issue you a notice of receipt. This receipt notice automatically extends your lawful conditional residence status, which enables you to maintain lawful status while your I-829 is being processed. You should always carry this notice along with your Green Card.

USCIS will analyze your Form I-829 and supporting documents against the information provided in your I-526E filing before making a decision. If your I-829 shows you’ve met all the conditions for your Green Card, they’ll approve your petition, remove your Green Card conditions, and grant you lawful permanent resident status and a physical Green Card that is renewable every 10 years.

If you fail to file your Form I-829 within the 90-day window mentioned above, you will automatically lose your lawful status on the second anniversary of receiving your conditional Green Card. Should this happen, you may also then start accumulating unlawful presence—though you may be able to prove to USCIS that your failure to file on time was due to extenuating circumstances.

Get Your Conditional Green Card With EB5AN

Conditional permanent residency is the lawful resident status an EB-5 investor first receives upon adjusting status or undergoing consular processing.

If you’re already in the U.S. with a visa immediately available to you, you can concurrently file for adjustment of status along with your I-526E petition. Through this process, you can receive approval for your EB-5 petition in 12 months or less if you act fast. And the first step is partnering with a reliable regional center.

EB5AN can guide you in starting your path to permanent residency. In 10+ years of practice, we’ve helped over 2,700 families from 70+ nationalities become lawful U.S. permanent residents. We offer first-rate, low-risk EB-5 regional center projects with 100% USCIS approval.

Book a free one-on-one call with our EB-5 experts today for help with starting your EB-5 Green Card process.