EB-5 Conditions
INA § 216A: EB-5 Conditional Permanent Residence
Read the statutory framework governing conditional permanent residence for EB-5 investors and the petition to remove those conditions.
Direct answer
What the governing framework requires
INA § 216A governs conditional permanent resident status for EB-5 investors and qualifying derivative family members. It establishes the conditional period, the petition process for removal of conditions, the filing window, investment and job-creation requirements, termination consequences, and related procedures that form the statutory basis for Form I-829 adjudication.
01 · Conditional Residence
EB-5 permanent residence begins conditionally
The conditional framework allows USCIS to review whether the statutory investment and employment-creation requirements were carried through after the investor became a permanent resident.
02 · Petition
Removal of conditions requires a petition
The investor generally files Form I-829 under the statutory and regulatory framework to remove the conditions on permanent residence.
03 · Filing Window
The statute establishes the normal filing period
The petition is generally filed during the 90-day period immediately preceding the second anniversary of the investor's lawful admission for permanent residence, subject to statutory exceptions and late-filing provisions.
04 · Investment
The statute requires continued compliance with the investment rules
Current post-RIA analysis should use the amended statutory requirements and current USCIS policy when evaluating sustainment and related investment issues.
05 · Employment Creation
Job creation remains part of the removal-of-conditions inquiry
The statute addresses required employment creation and circumstances where the investor is actively in the process of satisfying the requirement within the permitted framework.
06 · Regulation
8 C.F.R. § 216.6 implements the removal process
The regulation should be read together with the amended statute and current USCIS policy, particularly where statutory amendments postdate portions of the regulatory text.
Questions and answers
Frequently asked questions
What statute governs EB-5 conditional permanent residence?
INA § 216A.
Where is it codified?
8 U.S.C. § 1186b.
What form is generally used to remove EB-5 conditions?
Form I-829.
Is there normally a 90-day filing period before the second anniversary?
Yes, subject to statutory exceptions and late-filing rules.
Does job creation remain relevant at the I-829 stage?
Yes.
Should INA § 216A be read with 8 C.F.R. § 216.6?
Yes.
Case-specific review
Apply the authority to the facts
A legal authority is useful only when it is matched to the correct classification, procedural posture, evidence, and current version of the law.
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