U.S. EB-5 Investment Immigration – Conditional Green Card vs. Permanent Green Card
Through the EB-5 investment immigration program, applicants first receive a two-year Conditional Green Card (also known as a temporary green card). Only after meeting certain requirements can they transition to a Permanent Green Card, which is valid for 10 years—this marks the successful completion of the immigration process to the United States.
Conditional Green Card
This is commonly issued in marriage-based and investment-based immigration cases. The cardholder must meet specific conditions during the validity period—such as maintaining the qualifying marriage or sustaining the investment enterprise—in order to apply for permanent resident status. A conditional green card is valid for two years.
Permanent Green Card
Obtaining a permanent green card means the applicant becomes a lawful permanent resident of the United States. The card is typically valid for 10 years and can be renewed upon expiration. In terms of rights and benefits, there is no difference between conditional and permanent green cards. Once the conditional green card is issued, the applicant and their family members may live, work, study, and conduct business in the U.S. as lawful residents. They also enjoy access to public healthcare, retirement benefits, and their children can attend U.S. public schools as local students with free education.
The main difference lies in the validity period—2 years for a conditional green card, and 10 years for a permanent one.
Transition from Conditional to Permanent Green Card
EB-5 applicants are required to undergo a status review before their 2-year conditional period ends. If the following three conditions are met, the investor will be granted a permanent green card:
- The investment remains in place (not withdrawn) for the 2-year period;
- The investment has created at least 10 full-time jobs for U.S. workers;
- The applicant has no criminal record during the 2-year period.
Important Notes for Conditional Green Card Holders:
- The conditional green card is valid for only 2 years. Holders must submit Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) within the 90 days prior to its expiration. Failure to file on time will result in automatic expiration of the green card.
- Like permanent residents, conditional green card holders who remain outside the U.S. for more than 180 days but less than one year must undergo full inspection upon re-entry. If the absence exceeds one year, CBP officers may consider it an abandonment of U.S. permanent residency, leading to loss of green card status.
- Conditional green card holders are considered U.S. tax residents regardless of their physical residence. This means they are required to report and pay taxes on their worldwide income, just like permanent green card holders.
Why Apply Now?
Currently, EB-5 reserved visa categories have no backlog and allow for concurrent filing of I-526E and adjustment of status applications. Some applicants have already received I-526E approvals in less than a year, making now a golden window of opportunity.
Moreover, the EB-5 program is relatively flexible, with no requirements for age, education, language skills, business experience, or employment background. One applicant can bring the entire family, and they are free to live, work, and study anywhere in the United States.
