No. Identify the relevant immigrant-visa admission or adjustment approval that starts conditional residence.
Use the actual event
A petition decision and residence commencement are different stages. Hypothetical example: a Martensville owner of a regional grain-hauling fleet sells part of the business, subscribes to a regional-center project and later receives an I-526E approval notice. The household books movers on the assumption that the two-year conditional period is already running.
It is not. Approval confirms that the petition met the capital, lawful-source and job-creation showing at that stage; conditional permanent residence begins only when the investor is admitted on the immigrant visa at a port of entry or, for an investor already in the United States in valid status with a visa number available, when the adjustment application is approved. That admission or approval date is the anniversary the I-829 window is measured from, generally the 90 days before the second anniversary.
The decision the reader must make is which document to keep as the anchor: the passport admission record or the approval notice and the resident-since date printed on the card, not the petition receipt or the wire confirmation to the project. If the owner intends to run the Canadian fleet for one more hauling season, the sequencing choice is between consular processing and a later entry, which delays the start of residence, and adjusting status sooner where eligible. Either way the ten full-time jobs for qualifying U.S.
workers, capital kept at risk and the investor's participation in management or policy still have to be shown when conditions are removed.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Petition by Investor to Remove Conditions on Permanent Resident Status