The EB-5 Green Card requires an investment into a U.S. business that creates at least 10 permanent jobs for U.S. workers. A crucial question for many investors is: When can you withdraw your EB-5 investment?
Investment Timeline Based on Filing Date
Before March 15, 2022: If you filed your Form I-526 before March 15, 2022, you must sustain your investment throughout the entire 2-year conditional residence period. This period begins either on the date your adjustment to conditional permanent resident status becomes effective or on the date you entered the U.S. on your EB-5 immigrant visa.
On or After March 15, 2022: For those who filed on or after March 15, 2022, the investment must be sustained for 2 years starting from the date the full amount of the investment is made into the EB-5 business.
Sustaining the Investment
Regardless of the filing date, the investment must remain at risk until the job creation requirement is fulfilled. This ensures the business operates successfully and the 10 permanent jobs are created.
Key Takeaways for EB-5 Investors
- Investment Sustenance:
- Before March 15, 2022: Sustain for 2 years of conditional residence.
- On or after March 15, 2022: Sustain for 2 years from full investment.
- Job Creation Requirement: The investment must create at least 10 permanent U.S. jobs.
- Timing: The period to sustain the investment varies based on the filing date and the date the full investment is made.
To navigate the complexities of the EB-5 program and ensure compliance with all requirements, it’s crucial to stay informed and consult with experienced immigration professionals.
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