What is an EB-5 investor’s immigration status with a conditional green card?

With a conditional green card, the EB-5 investor’s immigration status is considered to be conditional permanent resident status, which grants them all the rights and privileges of lawful permanent residency. As a conditional permanent resident, the EB-5 investor is permitted to live, work and study anywhere in the United States. They may also be entitled to access resident tuition rates as a domestic student, depending on the laws and regulations of the state they are residing in.

The EB-5 investor is also subject to certain responsibilities that are attached to the conditional green card. As a lawful permanent resident, the EB-5 investor must obey all laws of the United States, both federal and those of localities, and is also required to file income tax returns and report their income to the Internal Revenue Service (IRS).

Removal of Conditions

The conditional green card has a two year duration, after which the validity of the card will automatically expire. Unless the EB-5 investor takes action to remove the conditions from their lawful permanent resident status, they may face deportation.

To remove conditions and become a lawful permanent resident, the EB-5 investor must file Form I-829 within 90 days of the expiration of their conditional green card. After successfully filing the I-829 petition, the EB-5 investor will receive a receipt notice that serves as an extension of their current immigration status while their case is being adjudicated. As of September 4, 2021, United States Citizenship and Immigration Services (USCIS) has prolonged the evidence of status extension for conditional permanent residents from 18 months to 24 months to accommodate the lengthy processing times of Form I-829.

If the EB-5 investor fails to proceed with removal of conditions in a timely manner and does not file Form I-829 within 90 days of the expiration of their conditional green card, their immigration status will be terminated. The U.S. Department of Homeland Security will issue a Notice to Appear (NTA) and the EB-5 investor will be forced to face removal proceedings. Unless the EB-5 investor can prove that extenuating circumstances hindered the timely filing of Form I-829, the investor and any dependent family members will face deportation.