Removal of Conditions

Ninety days prior to the two-year anniversary of the date on which the eb5 visa investor obtained conditional lawful permanent resident status, the immigrant investor will file a Form I-829 to remove the conditions. The I-829 petition to remove conditions must be accompanied by the following capital investment/job creation evidence:

1. Evidence that the eb5 visa investor invested or was actively in theprocess of investing the required capital and sustained this action throughout the period of the eb5 visa investor’s residence in the UnitedStates. The immigrant investor can make this showing if he or she has, in good faith, substantially met the capital investment requirement andcontinuously maintained his or her capital investment over the two years of conditional residence. Even at this stage the eb5 visa investor neednot have invested all of the required capital, but need only have substantially met that requirement. The evidence may include, but is not limited to, an audited financial statement or other probative evidence suchas bank statements, invoices, receipts, contracts, business licenses, Federal or State income tax returns, and Federal or State quarterly tax statements.

Taken from USCIS Policy Memorandum regarding EB-5 Adjudications Policy on November 9, 2011.