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WEST NIPISSING · EB-5 FIELD GUIDE

Does an earlier investment exit begin the EB-5 conditional-residence period for a West Nipissing investor?

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THE DIRECT ANSWER

No. Conditional residence begins at immigrant admission or adjustment approval.

Follow the status event that actually occurs

Keep the funding milestones and the status milestones on two calendars, because only one of them changes what the investor may do. Selling the earlier holding, receiving the proceeds and wiring capital into the enterprise are funding events, and none of them grants residence, admission or work permission. The status clock starts later, when the investor is admitted to the United States on an immigrant visa or an application to adjust status is approved.

That event opens two years of conditional permanent residence. The petition to remove those conditions, Form I-829, is filed in the ninety-day window before the second anniversary of that date, and it is decided on what actually happened in between: whether the capital remained invested and whether the required jobs were created. Between filing and admission the calendar is not the investor's to control.

Adjudication times move, and a visa number must be available for the applicant's category and country of chargeability before an immigrant visa can be issued, which can add or remove months without notice. Anchor household commitments such as a resignation, a lease or a school enrolment to notices the government has actually issued, never to a project's construction schedule. Two conditions are tested across the whole period rather than on a single date: the capital has to be lawfully obtained and stay at risk in the qualifying new commercial enterprise, and the investor's management or policy-formulation role has to be real throughout, not only at subscription.

Confirm the applicable capital amount and the current procedures from official material for the actual filing date. A U.S.-licensed immigration lawyer can say which dates in this sequence are yours to control.