Welcome to the U.S.: Receiving Your EB-5 Conditional Green Card

Congratulations on successfully navigating the initial stages of the EB-5 Immigrant Investor Program! Receiving your Conditional Green Card marks a significant milestone, transitioning you from an intending immigrant to a lawful permanent resident, albeit conditionally. This document grants you the right to live and work permanently in the United States for a two-year period.

Understanding the Conditional Status

The "conditional" aspect is crucial. The U.S. Citizenship and Immigration Services (USCIS) issues a two-year green card (Form I-551) to ensure that the investment and job creation requirements set forth in your initial I-526 petition are genuinely maintained throughout the initial period.

Key Implications of the Conditional Green Card:

• Duration: The card is valid for exactly 24 months from the date of approval.
• Travel: You have the right to travel internationally, but ensure you carry proof of your status.
• Employment & Residence: You are authorized to work for any employer and reside anywhere in the U.S.
• Dependents: Spouses and children under 21 who were included in the I-526 petition also receive conditional status.

The Process of Receiving the Card

Once your I-526 petition is approved, the process shifts depending on whether you applied from within the U.S. (Adjustment of Status) or from abroad (Consular Processing).

Adjustment of Status (Inside the U.S.)

If you filed Form I-485 concurrently or subsequently, USCIS will schedule you for an interview at a local office. Upon successful completion of the interview and verification of your ongoing compliance, the conditional permanent resident card will be mailed to you.

Consular Processing (Outside the U.S.)

If you processed your immigrant visa through a U.S. Consulate abroad, you will receive the visa stamp in your passport. Upon entry into the U.S. at a port of entry, a Customs and Border Protection (CBP) officer will admit you as a conditional permanent resident. The physical card will arrive by mail shortly thereafter.

Important Note: The date you are admitted as a conditional resident (or the date the I-485 is approved) starts the clock ticking on your two-year conditional period.

Preparing for Removal of Conditions (I-829 Petition)

The primary focus during the two-year conditional period must be gathering the requisite evidence to file Form I-829, Petition by Conditional Resident, 90 days before the card expires. Failure to file on time results in the automatic termination of your status.

Evidence Required for I-829 Submission:

1. Proof that the required capital investment remains fully sustained.
2. Documentation showing that at least 10 qualifying jobs have been created and maintained.
3. Evidence of ongoing business operations (e.g., tax returns, payroll records).

It is highly recommended to work closely with your immigration attorney and the Regional Center to ensure all compliance metrics are met well in advance of the filing window. Using the code snippet below can remind you of the key filing window:

File I-829 between 90 days prior to expiration and expiration date.

Rights and Responsibilities

As a conditional permanent resident, you possess nearly all the rights of a permanent resident, but certain restrictions apply until the conditions are removed.

• Travel: While you can travel, extended absences (generally over one year) can raise questions about your intent to maintain U.S. residency.
• Naturalization: You must wait five years (or three years if married to a U.S. citizen) from the date of conditional admission to apply for naturalization, provided the I-829 is approved.

Receiving your Conditional Green Card is a huge step forward. Maintain meticulous records, stay compliant with your investment obligations, and prepare diligently for the I-829 filing to secure your unconditional permanent residency.