Removal of Conditional Status Based on Investment Type Visa

The United States offers various categories of visas. For business type visas alone, there are over half a dozen different types they offer. Some visas, such as an investment type visa or EB-5 visa program apply conditions to the visa. The condition may make it so that your visa, when issued, is not renewable and only valid for 2 years. This condition, however may be removed.

An EB-5 visa is an investment type visa in which a foreign investor invests a substantial among of money in a “new commercial enterprise”. There is a minimum amount that the foreign investor must invest in the business or be in the process of investing before his or her visa will be granted. The business that the investor is investing in also has specific requirements that must be met, however the purpose of this blog is to discuss removed the conditional base status of the visa.

In order to remove your conditional status, it is important to keep in mind when your visa expires. This is important because you do not want to have an expired visa when applying for removal of condition. You must also file the proper paperwork in a timely manner no sooner than when your window opens for you to be eligible to file that paperwork. Often times, it would be easier to hire a skilled and experienced immigration attorney to help you determine when you are able to file and to guide you through the process.

Once your have submitted all the forms and any additional paperwork that USCIS may have asked for, USCIS will decide whether to remove your condition or not. Some of the things that USCIS looks for are: if you indeed invested the minimum required of money in a “new commercial enterprise” for a targeted employment area. If your investment created or is expected to create the required number of full-time positions, or if in the case of will create, if the jobs will be created under a reasonable time period.

This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.

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