How long must an EB-5 business be maintained?

A foreign national’s investment capital must remain at risk in an EB-5 business approved by the United States Citizenship and Immigration Services (USCIS) for a minimum of two years. After this sustainment period, or once an EB-5 investor has the conditions removed from their permanent residence, they are no longer required to play an active role in the EB-5 investment project.

EB-5 Visa Process

The timeline of the EB-5 visa process—from initial investment to the removal of conditions on U.S. permanent residence—varies from case to case. Each EB-5 investor’s scenario is different. However, the steps for each investor are generally the same.

First, an investor must conduct their due diligence, select an EB-5 investment project, and put the minimum required investment amount at risk. As of March 2022, the minimum required investment amounts are $800,000 for projects located within targeted employment areas (TEAs) and $1,050,000 for projects located outside of TEAs. After the funds have been put at risk, the EB-5 investor must submit Form I-526 or Form I-526E. With these forms, the investor must provide documentation demonstrating the source of investment funds, the viability of the new commercial enterprise (NCE) and confirming the creation of at least 10 U.S. jobs. Job creation is a key characteristic of the EB-5 program.

USCIS has historically taken anywhere from a few months to several years to approve Form I-526E. This is the part of the process that tends to take the longest, but once Form I-526E has been adjudicated, the investor and their immediate family are granted conditional U.S. permanent residency for a period of two years, though this can also take longer due to processing delays. In order for the immigration process to be successful, the investor’s funds must remain at risk for at least two years, and the investor must be involved in some capacity in the operation of the business. Regional center investors typically sign on as limited partners, while direct investors need to be involved in the day-to-day management of the business.

Within 90 days before their conditional Green Card expires, the investor must file Form I-829—Petition by Investor to Remove Conditions on Permanent Resident Status. While this form is being processed, the investor and their derivative beneficiaries—immediate family members—have the right to live and work in the United States. Once the I-829 is approved, the EB5 investor and their family members have full U.S. permanent residency with no restrictions or conditions.