No. The ordinary window is the 90 days before conditional residence’s second anniversary, not the business expansion anniversary.
Preserve business dates and residence dates separately
The project’s growth evidence can matter without determining the immigration clock. Record when conditional residence actually began through the applicable admission or adjustment process. An expansion celebration, a payment or petition approval does not automatically begin or end that conditional-residence stage.
A detailed, realistic plan: the concept, location and lease, the market, a staffing table naming each full-time position with hours and hiring dates, financial projections supporting that payroll, and the timeline for reaching ten jobs within the conditional period. Run the stress test on the assumption that the enterprise distributes nothing throughout the conditional period and that removing conditions takes longer than expected, since both are ordinary outcomes rather than pessimistic ones. Hiring driven by a filing date rather than by demand produces positions the business cannot sustain, and a role that disappears before conditions are removed raises exactly the question the removal stage exists to ask.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- Current EB-5 capital statute — 8 USC 1153(b)(5)
- EB-5 enterprise expansion — 8 CFR 204.6(h)(3); not used for obsolete capital figures
- USCIS — I-829 instructions