What Is the 2 Year Conditional Green Card for EB5?
October 24, 2023
The EB5 visa program offers a unique pathway to U.S. residency for foreign investors and their families. Obtaining a two-year conditional EB5 green card is one of the various steps toward eventually achieving permanent residency and citizenship.
During the two years that you have an EB5 conditional green card, you can live, work, and travel freely in the United States.
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What Is the 2-Year Conditional Green Card?
The two-year conditional green card is a temporary residency status granted to EB5 investors. This status can also be granted to the investor’s spouse and their unmarried children under 21 years old.
During the two years, investors and their families are considered lawful residents of the United States. Other than not being permitted to vote in federal elections, investors with a conditional EB5 green card should be able to experience the U.S. as a permanent resident does.
To participate in the EB5 visa program, investors are required to invest a minimum of $1,050,000, or $800,000, if they invest in a targeted employment area (TEA).
The investor must invest in a commercial enterprise in the U.S. and create or preserve 10 full-time jobs. The two-year conditional green card allows investors to reside in the United States during this waiting period.
How Do I Get a 2-Year Conditional Green Card?
To obtain a two-year conditional green card through the EB5 visa program, investors are required to:
Meet the minimum investment requirement and select a project to invest in. Investors can choose to make an independent investment or invest through a regional center.
Have an immigration attorney file form I-526E for a conditional green card. This form includes information such as the path and source of funds.
Once form I-526E is approved, the investor and their family can receive conditional green cards. The conditional green cards will only be valid for two years.
How Do I Obtain a Permanent EB5 Green Card and U.S. Citizenship?
An attorney must file an I-829 petition for the investor 90 days before the conditional green card expires. This form should provide evidence of the sustained investment and proof that 10 full-time jobs were preserved or created.
Regional centers are often responsible for providing this evidence. Upon approval of the I-829, the conditions of the green card are removed. This means the investor and their family have unconditional permanent residency in the United States.
EB5 green card holders are able to apply for U.S. citizenship through naturalization after five years. To qualify for citizenship, the investor must meet these requirements:
The investor must have been physically present in the U.S. for at least 30 months within the five-year period before submitting their application.
The investor should have resided permanently in the U.S. from the time they got their green card to when they started the naturalization process.
The investor should be able to demonstrate and prove good moral character. This includes having a clean criminal record.
The investor must pass a civics and English language proficiency test.
Consider the EB5 Visa Program for Getting a Conditional Green Card
The EB5 visa program can help foreign investors achieve an EB5 green card to the United States. The two-year conditional green card gives investors the opportunity to establish their presence in the United States.
It allows them to work, live, and travel with their families in the U.S. During the two-year period, their investment should create 10 full-time jobs to eventually qualify them for a permanent green card and full United States citizenship.
Contact an EB5 regional center today to learn more about the steps you can take to achieve an EB5 green card.