How Long Is an EB 5 Visa Good For? A Complete Guide for Investors in 2025

The EB-5 Immigrant Investor Program continues to attract global investors looking for a direct path to U.S. residency. But a common question among prospective applicants is, "how long is an EB 5 visa good for?" Understanding the EB-5 visa's validity period and the path it follows — from conditional residency to permanent residency and ultimately citizenship — is vital before making any investment decision. 

This guide explains everything investors need to know in 2025, including key timelines, renewal procedures, and how professional support from an EB-5 investment advisor can help ensure long-term success.

What Is the EB-5 Visa?

The EB-5 Immigrant Investor Program, established in 1990 by the U.S. Congress, allows foreign nationals to invest in the U.S. economy in exchange for a pathway to lawful permanent residency (Green Card). Investors must typically contribute a minimum of $800,000 into a qualified U.S. business or regional center project and create at least 10 full-time jobs for U.S. workers.

The program serves as a mutually beneficial opportunity: investors gain U.S. residency, while the American economy receives foreign capital and job creation. It's one of the few immigration options that does not require employer sponsorship or family petitions.

How Long Is an EB 5 Visa Good For?

The question “how long is an EB 5 visa good for” doesn’t have a one-size-fits-all answer, because the EB-5 process unfolds in two major phases—each with its own validity timeline, requirements, and conditions.

Initial Stage: 2-Year Conditional Green Card

Once an EB-5 investor’s I-526E petition is approved and they complete either consular processing (if abroad) or adjustment of status (if already in the U.S.), they are granted conditional lawful permanent resident status. This comes in the form of a 2-year conditional Green Card.

During this period, the investor must fulfill specific program requirements, including:

• Ensuring their investment remains “at risk” throughout the conditional period

• Creating or preserving at least 10 full-time jobs for U.S. workers

• Complying with all EB-5 program rules, including maintaining a clean legal and immigration record

  
  

This conditional period is essentially a probationary phase where USCIS monitors whether the investor has met the job creation and investment requirements..

Next Stage: 10-Year Permanent Green Card

Within the 90-day window before the 2-year conditional Green Card expires, investors must file Form I-829, the Petition by Investor to Remove Conditions. If USCIS approves this petition—confirming that the investment criteria were satisfied—the investor and qualifying family members are issued a 10-year permanent Green Card.

This card can be renewed indefinitely every 10 years, provided the individual maintains their permanent resident status (e.g., doesn’t abandon residency by living abroad for extended periods without a reentry permit).

Beyond the Green Card: Path to U.S. Citizenship

For investors considering a longer-term commitment to life in the United States, there’s the option to apply for U.S. citizenship after maintaining permanent resident status for five continuous years. This includes the two conditional years under the EB-5 program. To qualify for naturalization, an investor must also meet additional criteria:

• Physical presence in the U.S. for at least 30 months out of the 5 years

• Continuous residence

• Demonstrated good moral character

• Ability to read, write, and speak English

• Knowledge of U.S. government and history (civics)

  
  

So, the total duration depends on the investor’s compliance with USCIS requirements. The path continues further if the investor chooses to become a U.S. citizen after maintaining permanent residency.

The EB-5 Visa Timeline: From Conditional to Permanent Residency

To accurately assess how long it takes to receive citizenship, investors must understand the distinct timeline and conditions tied to the program. The EB-5 visa operates in two well-defined phases: the conditional residency phase and the unconditional permanent residency phase. Each phase carries its own rules, responsibilities, and duration.

Phase 1: Conditional Permanent Residency (2 Years)

The EB-5 journey formally begins after the investor receives approval of their Form I-526E petition—a document that demonstrates their qualifying investment in a new commercial enterprise, along with evidence of job creation plans and lawful source of funds.

Following approval, investors proceed through consular processing (if residing outside the U.S.) or adjustment of status (if already in the U.S. under a different visa category). Upon successful completion of this stage, the investor is granted conditional lawful permanent resident (LPR) status, which is valid for two years.

This two-year period serves as a probationary stage. It gives USCIS time to verify that the investor is fulfilling the key conditions of the EB-5 program, including:

• That the required capital (minimum $800,000 or $1,050,000 depending on TEA status) has been fully invested

• That the capital remains “at risk” throughout the period

• That at least 10 qualifying full-time jobs for U.S. workers are either created or expected to be created within a reasonable timeframe

  
  

Important Note: The two-year clock starts not from the date of I-526E approval, but from the date the investor enters the U.S. on an immigrant visa or receives adjustment of status approval, whichever applies.

Phase 2: Unconditional (Permanent) Green Card (10 Years)

As the two-year conditional period nears its end, the investor must take action to maintain their legal status. Specifically, they must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day window before their conditional Green Card expires.

This petition must include substantial documentation proving that the investor has:

• Maintained the investment in the new commercial enterprise

• Sustained the investment “at risk” throughout the two-year conditional period

• Met (or is reasonably expected to meet) the job creation requirement

  
  

If the I-829 petition is approved, the investor and any eligible family members are granted unconditional (permanent) Green Cards valid for 10 years.

These cards are renewable indefinitely, provided the holder continues to meet the U.S. residency obligations—such as not remaining outside the U.S. for more than 6 months at a time without re-entry documentation.

Step-by-Step Validity Breakdown

Here’s a detailed breakdown of the EB-5 visa timeline:

Milestone	Approximate Duration	Key Notes
I-526E Petition Processing	12–36 months (varies)	USCIS processing times can fluctuate.
Consular Processing or AOS	6–12 months	Depends on visa bulletin and backlog.
Conditional Green Card Issuance	2 years	Starts upon U.S. entry or AOS approval.
I-829 Filing Window	90 days before expiration	Must prove job creation and investment.
I-829 Adjudication	24–36 months (est.)	Investors can remain in U.S. during this.
Permanent Green Card Validity	10 years (renewable)	Renewable every decade if compliant.

Extending or Removing Conditions from an EB-5 Visa

It’s important to clarify that an EB-5 visa is not extended or renewed in the conventional way that many nonimmigrant visas are. Instead, EB-5 investors must go through a critical process of removing conditions on their conditional Green Card in order to secure permanent residency.

This is done through the submission of Form I-829, a comprehensive petition that demonstrates the investor’s full compliance with EB-5 program requirements during the two-year conditional period. A successful I-829 petition is what transitions an EB-5 investor from conditional to unconditional permanent resident status, granting them a standard 10-year Green Card that is renewable indefinitely.

Why Conditions Must Be Removed

The U.S. Citizenship and Immigration Services (USCIS) grants the initial 2-year conditional Green Card to ensure that EB-5 investors follow through on their commitment: investing the required capital and creating at least 10 full-time jobs for U.S. workers. The conditions serve as safeguards to ensure that the immigration benefit is not misused.

Unlike other visa renewals that are time-based, the EB-5 removal of conditions is performance-based. This means USCIS evaluates whether the investor upheld their end of the agreement over the two-year conditional period.

Filing Form I-829: Timing and Requirements

Form I-829 must be filed within the 90-day period immediately before the expiration date of the investor’s conditional Green Card. Filing too early or too late can result in serious immigration complications, including possible loss of status or denial of benefits.

To remove conditions and transition to permanent residency, the investor must provide evidence that:

• The investment capital remained at risk throughout the entire conditional period — i.e., the funds were actively deployed in a qualifying commercial enterprise and not withdrawn prematurely.

  
  

• The new commercial enterprise created (or is in the process of creating) at least 10 full-time jobs for U.S. citizens or lawful residents, as per EB-5 guidelines. In Regional Center projects, indirect jobs may also count.

  
  

• All supporting documentation is accurate, complete, and verifiable, including investment receipts, business operation reports, payroll records, tax filings, and job creation analysis. Evidence can also include econometric modeling reports and third-party audits, particularly in Regional Center investments.

Removing conditions from an EB-5 visa is not just a formality — it’s a pivotal milestone that confirms an investor’s full compliance with the immigration and economic goals of the program.

Learn more about Form I-829 with our guide on understanding the I-829 Form

What Happens If the I-829 Petition Is Denied?

Receiving a denial for your Form I-829 petition is one of the most serious and stressful outcomes in the EB-5 immigration process. The denial not only halts your path toward unconditional permanent residency but can also lead to the termination of your conditional Green Card and initiation of removal (deportation) proceedings.

However, while the consequences are severe, denial does not necessarily mark the end of the road. There are legal remedies available, and many denials can be appealed or reopened with proper justification and professional assistance.

Immediate Consequences of a Denial

If USCIS denies the I-829 petition, the investor is considered out of lawful permanent resident status and may be issued a Notice to Appear (NTA) before an immigration judge. This triggers removal proceedings, during which the investor must defend their right to remain in the United States.

Family members included in the EB-5 petition—such as a spouse and children under 21—are also subject to the same consequences.

However, conditional permanent resident status does not immediately terminate upon denial. The investor may remain in the U.S. during the appeal process or until an immigration judge issues a final decision. It’s important to act quickly during this stage and retain legal counsel familiar with EB-5 litigation.

Common Reasons for I-829 Denial

USCIS may deny the I-829 petition for a number of reasons, most of which involve inadequate documentation or noncompliance with EB-5 program requirements. The most frequent causes include:

1. Incomplete or Falsified Documentation

2. Job Creation Shortfalls

3. Investment Was Not Sustained or Was Withdrawn Prematurely

Appeal and Reconsideration Options

Fortunately, a denial is not always final. Investors have several legal avenues to challenge or reverse an unfavorable I-829 decision:

1. Motion to Reopen or Reconsider

2. Administrative Appeal

3. Federal Court Litigation

While an I-829 denial is a serious obstacle, it is not always irreversible. Understanding the common causes of failure, acting swiftly in response, and relying on qualified professionals can provide a pathway to resolution.

Ready to secure your U.S. Green Card through EB-5? Get expert guidance now!

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Transitioning to the U.S. Citizenship by Investment

After five years of lawful permanent residency (including the two years under conditional status), EB-5 investors may apply for U.S. citizenship via naturalization. This is the final step for those seeking US citizenship by investment.

Citizenship eligibility requirements include:

• Maintaining continuous residence

• Physical presence in the U.S.

• Good moral character

• Passing English and civics tests

Naturalization offers full U.S. citizenship rights, including the right to vote and a U.S. passport.

Role of an EB-5 Investment Advisor in the Process

A professional EB-5 Investment Advisor, such as our team at EB-5 Choice, plays a critical role in:

• Selecting compliant investment projects

• Conducting due diligence

• Ensuring USCIS requirements are met

• Monitoring project performance

• Preparing I-829 documentation

The EB-5 process is complex and evolves regularly. A qualified advisor helps navigate these challenges, increasing the chances of success.

Choosing the Best EB-5 Projects for Long-Term Success

The type of project you invest in can influence your visa's outcome. Choosing from the best EB-5 projects involves reviewing:

• Job creation projections

• TEA (Targeted Employment Area) designation

• Capital structure and exit strategies

• Track record of the regional center

Poor project selection can lead to denied petitions, financial loss, or delayed citizenship. That’s why thorough due diligence is essential.

Reach out to our team today for project selection services.

Final Thoughts

So, how long is an EB 5 visa good for? Technically, the conditional Green Card is valid for two years. But when the conditions are successfully removed, you transition to a 10-year renewable Green Card, leading ultimately to the option of U.S. citizenship.

For investors, the journey doesn’t end with the visa—it begins there. The quality of your investment, your compliance with USCIS rules, and the expertise of your legal and financial team all determine whether your EB-5 story ends in success or frustration.

In 2025, strategic planning, timely filings, and guidance from a qualified EB5 investment advisor are more crucial than ever. With careful selection of the best EB5 projects and a long-term mindset, the EB-5 path can offer not only residency but stability and opportunity in the United States.