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SAINT-PHILIPPE · EB-5 FIELD GUIDE

Is the employee-preservation period automatically the same as my conditional-residence period?

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THE DIRECT ANSWER

Do not assume the dates are interchangeable. Identify the applicable employment-preservation obligation and separately record the actual immigration start and I-829 window.

Label each two-year reference

The general I-829 window is the 90 days before the second anniversary of conditional residence. An acquisition date or financial-loss measurement period is not a substitute, and a private business schedule does not extend that filing window.

The sequence is the investor petition, then an immigrant visa through the consulate or adjustment of status where available, then two years of conditional residence, then the petition to remove conditions. Identify the relevant petition and visa-process events and any required action under the actual rules. The filing window is short and it is the last step in a sequence that has already taken years, which is why it catches people who have stopped watching the calendar. After approval, immigrant-visa processing depends on visa availability, and conditional residence begins on admission. The commercial exit schedule should be monitored separately for risk and sustainment issues. A project decision neither opens the personal I-829 window nor removes conditions. Track future evidence for the two-year conditional period and eventual Form I-829 filing. Conditional permanent residence does not end the evidentiary work; the investor must plan to document the investment and job requirements for the later removal-of-conditions filing.