In order to remove Conditional Resident status, the investor must submit Form I-829 within 90 days of the 2 year anniversary of receiving the conditional residency status. The petitioner of Form I-829 must show:
New Commercial Enterprise
Evidence that you created a new commercial enterprise by submitting copies of the business’s organizational documents, federal tax returns, etc.
Evidence that you have invested the total amount of required funds
Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residency by submitting: business invoices and receipts, bank statements, contracts, copies of federal or state income tax returns, quarterly tax statements, audited financial statements, contacts, business licenses, or any similar evidence.
Evidence documenting the number of full-time employees at the beginning of your investment and at present by submitting employee tax form I-9, other tax documents, payroll records, etc.
Those who invest in a troubled business must submit the same evidence listed above under the New Enterprise Commercial category except the investor must prove that at least 10 jobs were maintained as opposed to created.
Those who invest in a regional center must also submit the same evidence listed under the New Commercial Enterprise category, except that a regional center case must show that a capital investment was made in accordance with its business plan in order to be credited with the creation of direct and indirect 10 jobs.
For more information on the EB-5 Visa, please refer to the following links: