Residency Obligations, Physical Presence & Exemptions

‍

Residency requirements differ markedly between the two programs.

‍

EB-5 green card holders must:

‍

• Reside in the U.S. with intent to make it their permanent home.
  
• Avoid absences longer than 6 months without reentry permit.
  
• File U.S. tax returns as residents and maintain ties (e.g., home, bank accounts).
  
  

Extended absences may trigger loss of green card status unless mitigated with a Reentry Permit (Form I-131). There are no statutory exemptions for business or travel, though occasional leniency is granted on a case-by-case basis.

‍

E-2 visa holders, by contrast, are not permanent residents. There is no minimum stay requirement, but prolonged absences could raise questions at visa renewal or border entry. Maintaining business activity and filing tax returns are critical to preserve continuity.

‍