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How Can EB-5 Investors Remove the Temporary Visa Conditions and Live Permanently in the U.S.? Atlanta Immigration Attorney Insights

By December 5, 2016No Comments

The EB-5 Fifth Preference visa is available to entrepreneurs who make qualifying investments in a U.S. commercial enterprise or regional center. As outlined by U.S. Citizenship and Immigration Services, there are several eligibility requirements that a foreign investor must meet to obtain an EB-5 visa.

Once a foreign national has been approved for the EB-5 visa, he or she can enter the United States as a Conditional Permanent Resident for two years. The investor’s derivative family members will also be allowed to enter the United States for that two-year period.

If the foreign national meets the job creation requirements and other requirements of the EB-5 visa program, then he or she can petition to remove the conditions of his or her visa. If USCIS approves this petition, the immigrant and his or her derivative family members will be able to live and work permanently in the United States.

If you would like to petition for an EB-5 visa or remove the conditions of your EB-5 visa, contact Kuck Immigration Partners. Charles Kuck is an employment visa lawyer in Atlanta who will answer your questions and explain the eligibility requirements.

Mr. Kuck will help you gather the necessary documentation to prove your eligibility and avoid mistakes that would delay your application or lead to a denial. Call 404-816-8611 today to schedule a consultation.

What Form Do I Submit to Remove the Conditions of My EB-5 Visa?

If you would like to remove the conditions of your EB-5 visa, you will have to submit Form I-829, Petition by Entrepreneur to Remove Conditions. You must submit this form within the 90-day period immediately before the two-year anniversary of your admission to the United States.

What Documentation Do I Need to Submit with Form I-829?

In order for USCIS to approve your request to remove the conditions of your EB-5 visa, you must submit documentation to prove that you have fulfilled the requirements of the EB-5 visa program. You will have to show that you made a qualifying investment in a new commercial enterprise or regional center.

Your employment visa lawyer will help you gather this evidence, which may include:

Copies of federal tax returns;
Copies of the business’ organizational documents;
Proof that you are in the process of investing or have invested the required amount of funds; and
Proof that your investment was sustained for the two-year period of conditional permanent residence. This evidence may include business invoices, bank statements, business licenses, contracts, financial statements, or copies of state or federal income tax returns or quarterly tax statements.

You must also provide evidence that you fulfilled the job creation or job preservation requirements of the EB-5 visa. If you created jobs, you can use the following documentation as evidence:

Tax documents;
Employee Forms I-9; and
Payroll records.

You can show the same documentation to prove that your investment preserved jobs in a troubled business. You must have preserved at least 10 jobs. If you invested in a regional center, you must show evidence that the investment was made in accordance with the center’s business plan.

If you have questions about the EB-5 visa program, turn to Kuck Immigration Partners for legal advice. Charles Kuck is the former National President of the American Immigration Lawyers Association (AILA) and the former President of the Alliance of Business Immigration Lawyers (ABIL). Call 404-816-8611 today to schedule a consultation with an immigration attorney in Atlanta.

Charles Kuck

Managing Partner