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MORINVILLE · EB-5 FIELD GUIDE

When does the EB-5 removal-of-conditions calendar start for an instalment-funded applicant?

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THE DIRECT ANSWER

The conditional-residence anniversary begins with immigrant admission or adjustment approval, not the business sale or investment date.

Keep the three timelines distinct

Track source receipts, the immigration investment and the start of residence separately. I-829 is generally filed in the 90 days before the second anniversary of conditional residence. Petition approval does not by itself provide present residence or permission to begin U.S. work.

The capital must satisfy the sustainment rule applicable to the petition, the enterprise must create the required jobs, the investor must remain engaged in management or policy formulation, and the family must maintain permanent residence rather than abandon it. Payroll for the qualifying positions, the enterprise’s continued operation, and proof that the capital stayed at risk rather than being returned early are all being generated during those months, and the petition to remove conditions is assembled from them. The I-829 stage asks for evidence concerning the investment and job-creation requirements, so maintain project reports, bank and subscription records, enterprise records, tax documents where relevant, and communications that explain material business changes. Check current processing information on the USCIS site and the monthly Visa Bulletin rather than relying on a figure quoted at a seminar, and treat conditional residence as a stage, not the finish.