No. The window generally relates to the second anniversary of conditional residence, not the project’s formation or investment anniversary.
Anchor the timeline accurately
Identify the relevant personal immigration event before calculating the filing period.
Working backwards, the evidence-gathering should start well before the window opens, because obtaining employment records and financial statements from a third party takes time and the project may be dealing with many investors at once. Material changes to the business after the initial petition, such as moving from cider to distilled spirits, are assessed under USCIS policy, which is more tolerant of change after conditional residence begins than before. Approval of an investor petition does not itself confer permanent resident status; the immigrant visa or adjustment process follows, and conditional residence is later followed by a removal-of-conditions stage. The evidence obligations run on their own schedule and do not accelerate with capital: records supporting job creation must exist contemporaneously, and the petition to remove conditions is ordinarily filed in a defined window years after residence begins. The condition deciding which queue applies deserves plain statement: chargeability generally follows country of birth, so Canadian residence or a Canadian passport does not by itself place you in a particular queue.
- 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