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How long do I need to leave my EB-5 investment for?

I know that immigration requires the investment to be left for two years to get a permanent green card, but in actuality, for how long must I keep the money invested? Do any projects allow investors to leave it for just two years or does it end up being longer?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The majority of the regional centers return capital investment funds when the I-829 is approved. Generally, about six years. You will need to review offering documentation to determine the exit strategy. Hire an experienced EB-5 immigration attorney.

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    Yazen Abdin

    Immigration Attorney
    Answered on

    Your question requires a two-step analysis. Each individual project dictates how long the money needs to be invested for, which is usually 5-7 years. As for the immigration requirement, the investment is usually put in escrow until the I-526 is approved (although projects have veered from this approach considering the length of time it is now taking to get an I-526 approval); after I-526 approval, the money is released and should remain in the project throughout the conditional permanent residency period, or until the I-829 approval, which is the more conservative approach. This answer is general in nature and foreign nationals should consult an immigration attorney for advice specific to the facts of their case.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The reality of the EB-5 investment period could be 5-6 years or more depending on where you are from. These days, USCIS is taking an average of 16+ months to adjudicate the I-526, which is a necessary first step before your status can be adjusted or you apply and receive the immigrant visa, which also takes a minimum of six months thereafter. This means you will not become a conditional resident until nearly two years or more after your initial investment into an EB-5 project/business is made. Since your investment still must be active and current when the I-829 is submitted and should remain so until it is approved, then you need to add another 3+ years to your investment period as USCIS is taking 18+ months to adjudicate the I-829, which is submitted before your two year conditional residency expires. Thus, in order for the investors to realistically obtain the permanent residency without condition is minimally 5-6 years and you should expect to have the investment in the business/project until you get your I-829 approval.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, the issue of how long an investment will remain in place depends on the terms of investment agreement governing individual project(s). Each individual regional center has its own rules and it may even vary from project to project. On average, most projects will require that the investment funds must be invested for 5-7 years, which is more than enough time for procurement of the permanent green card visa. Advisably, make sure you check the exit strategies and time frame issues of any regional center before you sign the partnership agreement.

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    Ying Lu

    Immigration Attorney
    Answered on

    If you are asking about investment made into a regional center, most of the projects require the investor to maintain the investment for at least five years. Even though the law only requires investors to sustain their investment for two years during the conditional residency period, considering the long processing time it takes for USCIS to adjudicate EB-5 cases, by the time you are eligible to file the I-829, it is highly likely that it will have already passed five years since your initial investment.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your investment must be maintained throughout the process, which would include the time it takes to approve your Form I-526 EB-5 investor petition through your conditional period of lawful permanent residency, up until the time you file your Form I-829 petition to remove conditions and until such petition has been adjudicated. That is the most conservative approach to take.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The regulations require a "sustained" investment throughout the conditional permanent residency period, but in practice, waiting until I-829 approval would be the safest, most conservative path to take. With increasing processing times for I-829 petitions, however, regulations may be updated.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    For most regional centers you are looking at 5+ years.

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    John J Downey

    Immigration Attorney
    Answered on

    It will all depend on the initial agreements you file with the project developers. Some will offer to return your investment after a five year period, but the conditions may vary from project to project.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    In theory your investment could be removed after you have been granted your permanent green card. However, based on my experience, projects are looking for an investment that will have a duration of 4-6 years. Additionally, if USCIS holds true to form, they are now taking 20 months to adjudicate your I-829, and unless they take some new action, this time-frame will increase. There are companies that will buy your interest at a deep discount.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It must be invested before one is approved, and until the condition is removed. Realistically this can be as long as four years.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Most projects provide to return it only when the I-829 is approved.

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