Conditional permanent resident status grants foreign nationals all the same rights as permanent resident status. The green card holder is permitted to live anywhere in the United States, travel in and out, and is granted full work authorization; they can engage in any form of lawful employment.
If an EB-5 investor has received a conditional green card, in addition to relevant privileges, they are subject to the same responsibilities as someone with permanent resident status—that is, committing any crimes or immigration-related offenses could result in the EB5 investor being placed in removal proceedings.
The primary difference between conditional permanent resident status and permanent resident status is that the former has a two-year lifespan whereas the latter does not have an expiration date (though it does require renewal every ten years).
The conditional green card must be renewed annually until the EB-5 investor has received approval of Form I-829. They must file Form I-829 in the 90 days preceding the expiration of their conditional green card. Once the petition has been received, United States Citizenship and Immigration Services (USCIS) will automatically issue a receipt notice extending the conditional permanent resident’s continued lawful status for up to 24 months. This is to accommodate for the typically long processing times of Form I-829.
EB-5 investors with conditional permanent resident status should also exercise caution when traveling outside the United States for longer periods of time. It is generally advisable to avoid being overseas for longer than six months. A foreign national with a conditional green card who has been abroad for longer than six months could have their status compromised as USCIS will raise a rebuttable presumption in the belief that the green card holder has abandoned their residence in the U.S. If overseas travel for longer than six months is absolutely necessary, foreign nationals are best served applying for a reentry permit.
