English 
Chinese 
French 
German 
Japanese 
Korean 
Spanish 
Portuguese 
Starting your EB-5 journey and finally receiving a green card is a major milestone, but it also raises many practical questions about what comes next.
In recent months, several of our standalone investor clients have received I-526 and Conditional Residency approvals. The FAQs below are drawn directly from the questions they asked us following their approvals. We hope you find these useful. As always, if you have any follow-up questions, you are welcome to email us at contact@carolynleepllc.com.
Q: Where will our green cards be sent?
A: Your green cards will be sent to our office. Once received, we will notify you and forward them via trackable mail.
Q: What date will appear as the “Resident Since” date on our green cards?
A: It should be the date your I-485 application was approved if you were admitted in Conditional Residency status pursuant to an approved Adjustment of Status application. If you consular processed, it should be the date of your landing in the U.S. as shown on your I-551 stamp endorsement on your passport.
Q: When can we apply to remove the conditions on our green cards?
A: You can file Form I-829 starting 90 days before the second anniversary of your admission in conditional residency.
Q: Do you handle the I-829 filing? When should we begin?
A: Yes, we do, and we would be delighted. Please contact us three months before your 90-day filing window opens.
Business Ownership & Structure
Q: Can we create or own additional businesses outside of our EB-5 entity?
A: Because business changes may sometimes be deemed “material,” we advise that you contact us before undertaking any substantive changes to the new commercial enterprise (NCE).
Q: Will moving our office from a rural (or high unemployment) area affect our petition?
A: If your petition relied on rural or high unemployment area TEA status, it is important to show that these areas qualified as such at the time of investment, including up to the time of the last tranche of investment if the investments were partial. Please contact us to discuss business location-related questions.
Financial Considerations
Q: Can we take money out of the business for personal use?
A: Yes, as long as it’s a distribution of profit and not a withdrawal of capital. Capital must remain at risk for sustainment period applicable to your case, which depends on whether your case was filed prior to the enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) or after.
Q: Do we need to maintain our full current investment amount through the I-829 stage?
A: You must sustain at least the originally required investment over the required sustainment period. If you make additional capital contributions, keep records and ensure proper reporting and consistency with your U.S. tax filings.
Q: What evidence should we collect for the I-829 filing?
A: Focus on:
- I-9s and payroll records
- Quarterly wage reports
- NCE tax returns
- General business maintenance documentation.
Q: Will using SBA loans or similar programs affect our EB-5 status?
A: No, as long as the programs are used to supplement (not replace) EB-5 capital and are used in accordance with their terms.
Other Questions
Q: Can we travel internationally once we receive our conditional green cards?
A: Yes, as long as you remain admissible (e.g., no arrests or immigration law violations). Always carry your passport and conditional residency card (I-551) when traveling.
Q: Should we update our status with banks or the DMV?
A: Check local and state requirements for any updates required under local laws.
Q: Are our EAD/AP documents still valid after receiving green cards?
A: No, they are replaced by your conditional green cards. However, keep copies for your records.
