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HIGHLANDS · EB-5 FIELD GUIDE

Does an approved EB-5 petition mean I am already a permanent resident?

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THE DIRECT ANSWER

No. The actual immigrant admission or adjustment process and its conditions still matter.

Identify the completed milestone correctly

A petition decision should not be presented as residence or unrestricted work permission. Review the next applicable step and current case facts before planning employment or a permanent move.

The EB-5 regulations define capital as cash and other assets owned by the investor and placed at risk, and require that the full qualifying amount be invested or actively in the process of being invested when the petition is filed. Separate the investor’s source-of-funds evidence from enterprise reporting and the actual applicable direct or regional-center job analysis. Review the permitted methodology, the support for its inputs and the allocation rules applied to the actual investor group. The investor must independently establish the required capital, lawful source and path, qualifying investment structure, job creation and applicable process requirements. Targeted employment area status depends on a specific designation tied to unemployment data or approved infrastructure project status, not simply on being located outside a major city. Ask how the remaining funding affects the proposed activity and qualifying-job evidence, and whether the investor’s petition would accurately describe the project’s current position. Approval produces two years of conditional permanent residence, with Form I-829 filed in the 90 days before the second anniversary to seek removal of conditions by proving the capital stayed invested and the jobs were created and sustained.