After two years, you may file for I-829 removal of conditions. Approval of an Adjustment of Status (AOS) application or the grant of an immigrant visa followed by entry into the US means that the investor and the spouse and qualifi ed children of the investor have been granted Conditional Lawful Permanent Residence (CLPR) for two years. The ‘conditions’ must be removed so that the aliens may reside in the US indefi nitely. Failure to remove the conditions results in the termination of CLPR status and will result in the commencement of removal proceedings.
Removal of conditions is sought by the filing of a petition in the 90 day period immediately preceding the second anniversary of the grant of CLPR status. In support of the petition, the alien investor must demonstrate full investment in the enterprise, sustainment of the investment continuously since becoming a CLPR and compliance with the requirement that ten (10) employment positions have been created as a result of the investment. AmeriPath will provide documentation upon request by the investor as reasonably necessary and available in support of the investor’s application for removal of conditions.
Once the petition is approved by CIS then the EB-5 applicant will be issued a new green card without any further conditions attached to it, and will be allowed to permanently live and work in the United States.
Supporting documents required for form I-829:
» Evidence that you established a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’s organisational documents, and Federal tax returns.
» Evidence that you have invested the total amount of required funds.
» Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residence. This evidence may include, but is not limited to, the following:
» Business invoices and receipts.
» Bank statements.
» Contracts.
» Business licensees.
» Audited or reviewed financial statements.
» Complete copies of Federal or State income tax returns or quarterly tax statements.
» Evidence of the number of full-time employees at the start up of your business and at present. Such evidence may include but is not limited to:
» Business payroll records.
» Relevant tax documents (W-2’s).
» Employee tax form I-9’s.