You must file an I-829 to remove the condition on your permanent residence. You must prove that you have created the 10 full-time jobs within the two year period. Please contact an experienced EB-5 attorney to assist you in this matter.
If you are investing directly in a business then you will need to provide the employment records for the employees to prove the 10 jobs created. If you invested into a regional center project, then that project or regional center will provide you the necessary documentation to show the job creation. That differs slightly depending on the economic model and type of business.
There is a whole list of things required but primarily you must show the $1 million (or $500,000 if in a TEA) has been invested in the commercial enterprise and 10 new jobs have been created (If the investment is in a regional center, then indirect and induced jobs can count. Jobs must be full-time permanent and cannot include the investor''s family members. See the detailed instructions with the Form I-829. I recommend having an attorney assist with this.
You have to show that 1) Your investment was sustained throughout the period of conditional status 2) the company is still in existence 3) the investor''s investment has created 10 full-time jobs 4) there are no other inadmissibilities like criminal record, staying out of the country longer than allowed, etc. When these 4 conditions are proven, you will receive a permanent resident card.
The petition to remove the two-year condition is called Form I-829. You must prove that you sustained your investment and that you created the 10 fulltime jobs within two years or will do so within a reasonable period of time. Since there are different types of supporting documents required depending upon that nature of your investment and your new commercial enterprise, you should contact an EB-5 immigration attorney with I-829 experience to represent you. There are only a few of us out there who have significant experience in preparing and filing I-829 petitions, so it is a good idea to take your time in choosing the right legal counsel.
First, you will be obtaining the conditional permanent residency for a two-year period. You will then be required before the two-year anniversary of your conditional green card to file an I-829 petition to remove the conditions so that you will be able to obtain the full or unconditional permanent residency. The I-829 Petition being filed by you will require supporting documentation to show that the required EB-5 personal investment funds have been personally invested and committed to the business activity of the new commercial enterprise, which also may be the job creating entity, and to show that the required number of jobs have been created during the two and half year period after the approval of the first I-526 investors petition before the issuance of the conditional permanent residency.
In order to remove the condition on your temporary green card under EB-5, you must file I-829. Your attorney that obtained your temporary green card should be able to do this. The most important fact that must be proved is the 10+ full-time, permanent job creation.
In practice, most of the evidence in a regional center project should be provided by the regional center or project administrators. However, whether it is a regional center project, or a direct EB-5 project, the petitioner will have to prove to USCIS that the investment was made, that the investment was sustained and that the required new jobs (10 direct in the case of direct EB-5, 10 direct and/or indirect in the case of a regional center project and 10 maintained in the case of a failing business) were created as a direct result of the petitioner''s investment. In addition, the petitioner must show that he (and any relatives deriving status through his investment) filed tax returns (as appropriate) and satisfied the requirements of permanent residence.
First, retain experienced immigration counsel from an attorney who has filed for the removal of conditions for others. Second, there will be a USCIS form to be completed, and documentation regarding the financials and job creation of the regional center and EB-5 project. Third, some information regarding the investor may be required.
After you are granted permanent residence through EB-5 Immigrant Investor category, you are granted a "conditional" permanent residence for 2 year period. You will need to file to remove this condition by submitting evidence that you did fulfill the requirements of planned business development, job creation (10 f/t jobs), etc. You should seek counsel from your immigration attorney for this step to make sure you are providing the necessary documentation. A denial here could mean the revocation of your permanent residence.