If You Need to Stay Abroad: Reentry Permits for EB-5 Investors

The EB-5 Immigrant Investor Program offers a path to permanent residency in the United States. However, life circumstances sometimes require investors to travel or reside outside the U.S. for extended periods, especially during the crucial conditional residency phase. Understanding the requirements for maintaining your status, particularly regarding the need for a Reentry Permit, is vital for EB-5 investors.

Understanding Conditional Residency and Travel Restrictions

After your initial I-526 petition is approved and you receive your conditional Green Card (I-551 stamp or card), you are a Conditional Permanent Resident (CPR). This status typically lasts for two years. During this period, maintaining your intent to reside permanently in the U.S. is paramount.

The Danger of Extended Absences

U.S. Citizenship and Immigration Services (USCIS) scrutinizes long absences from the United States during the conditional residency period. An absence of one year or more is generally presumed to indicate abandonment of U.S. residency, which can lead to denial when filing the I-829 petition to remove conditions.

• Absences exceeding 180 days create significant scrutiny.
• Absences over one year are presumed abandonment unless proven otherwise.
• Intent to return must be clearly demonstrated through ties to the U.S.

When a Reentry Permit Becomes Necessary

If you anticipate needing to remain outside the United States for a period exceeding one year, or if you must travel frequently for business or personal reasons that aggregate to a long absence, applying for a Reentry Permit before you depart is essential.

What is a Reentry Permit?

A Reentry Permit (Form I-131) serves as proof that you have permission from the U.S. government to re-enter the country after traveling abroad, even for extended periods. It acknowledges your intent to maintain permanent residency status while temporarily outside the U.S.

Failing to obtain a Reentry Permit before leaving for an intended absence of over one year can result in being deemed inadmissible upon returning to the U.S.

The Application Process for EB-5 Investors

EB-5 investors must follow specific procedures when applying for the Reentry Permit while maintaining their investment compliance.

Eligibility and Timing

You must be physically present in the U.S. when you file Form I-131. The permit is typically valid for up to two years. It is crucial to apply well in advance of your planned departure.

1. File Form I-131, Application for Travel Document, with USCIS.
2. Attend the required biometrics appointment.
3. Wait for approval before traveling.

Maintaining Investment Requirements While Abroad

A Reentry Permit allows you to travel, but it does not pause your EB-5 compliance timeline. For investors still in the job creation period, maintaining the investment and ensuring that the required number of full-time equivalent (FTE) jobs are sustained remains a primary obligation.

If your primary business activities or management duties require you to be abroad, document these activities thoroughly. Show evidence that your U.S. ties—such as bank accounts, property ownership, and continuous management oversight—remain active. For example, if managing the investment requires frequent international travel, maintain records such as:

• Flight itineraries showing return trips to the U.S.
• Business correspondence originating from the U.S.
• Evidence of continuous communication with the U.S. entity management.

Contrast: Reentry Permit vs. Advance Parole

It is important not to confuse the Reentry Permit with Advance Parole (Form I-131 for those with pending adjustment of status applications).

For a Conditional Permanent Resident (CPR) who already possesses a valid Green Card (or I-551 stamp), the Reentry Permit is the correct document for prolonged international travel. Advance Parole is generally for applicants whose status is pending (e.g., those waiting for I-485 approval) and who need permission to re-enter.

As an EB-5 investor, once you have conditional residency, your primary concern for extended travel is the Reentry Permit.

Conclusion

The ability to travel freely is a key benefit of permanent residency. However, for EB-5 investors on conditional status, extended absences from the United States carry significant risk to the I-829 petition approval. If you foresee needing to stay abroad for more than one year during your conditional period, securing a Reentry Permit (Form I-131) before departure is a non-negotiable step to protect your path to full permanent residency.