EB-5 Q&A:How can I reapply for EB-5 if I already received permanent residency?

Answer:

 

     With very few exceptions, permanent resident status (Green card) expires as a matter of law if a person is absent from the United States for more than one year without permission to return to a permanent U.S. residence,  Unless you would fall under one of the exceptions, you are no longer a U.S. lawful permanent resident.  I would argue that you are eligible to apply again.