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WILMOT · EB-5 FIELD GUIDE

Does achieving a payroll target automatically remove residence conditions?

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THE DIRECT ANSWER

No. The relevant petition and removal-of-conditions stages require their own evidence and decisions. A staffing result does not itself grant residence or return capital.

Use the individual residence dates

Conditional residence begins through immigrant admission or adjustment approval. I-829 generally belongs in the 90-day period before its second anniversary, rather than a period calculated from an internal hiring milestone.

Where demand in a category exceeds supply for an applicant's country of chargeability, the Visa Bulletin governs when a visa can be issued, and the capital must remain invested and at risk throughout the wait rather than being withdrawn while the queue moves. USCIS expects the capital to remain at risk for the sustainment period; the Reform and Integrity Act shortened it for post-2022 investors, and current guidance should be checked before any repayment from the project is accepted. Avoid making school or employment commitments depend solely on a donor’s completed transfer when the relevant immigration stages remain unresolved. Later stages run on their own timetable, and queue position often follows country of birth rather than a Canadian address or passport, so no waiting time can be promised in advance.