Friday, April 12, 2019
Under current policies of USCIS, every EB-5 Investor is required to retain his or her investment capital “at risk” in the NCE until that EB-5 Investor has been in the U.S. for 2 years in conditional resident status (the “Sustainment Period”). For EB-5 investors facing EB-5 quota backlog or for the purpose to satisfy the sustainment period, many required to retain their investment capital “at risk” for a period longer than a 5-year loan term. As long as your I-829 has not been approved, redeployment may be necessary.
IIUSA sent a memo to USCIS regarding redeployment recently regarding redeployment policy on April 8. In the memo, IIUSA expressed the industry’s concern of lacking redeployment guidance and specifying the enormous impact redeployment has on the EB-5 industry. The memo concluded by stating IIUSA’s wiliness to maintain open and constructive dialogue with USCIS seeking sustainable implementation of the Redeployment policy.
IIUSA stated in the memo,
• EB-5 law does not require at-risk redeployment in NCE
• If redeployment is necessary, redeployment in any NCE should be acceptable
• Redeployment should be allowed outside the regional centers’ area and the TEAs
• Need to clarify redeployment policies regarding material changes and withdrawals
IIUSA suggested that:
• Modify project documents to meet reinvestment requirements should not be considered as major changes
• Redeployment before obtaining a conditional green card should not be considered a material change; and
• Investors have the right to withdraw during redeployment. This should not be considered as violation of EB-5 law requirements.
Invest In the USA (IIUSA). (2019). IIUSA Sends Memo to USCIS on Redeployment Policy. Retrieved from