I talked to my regional center and asked them what they are going to do with the $500,000 capital investment if my I-829 is processing by USCIS while this capital is due and needs to be given back to investors at that moment. Based on my knowledge, this $500,000 must be “at-risk” when USCIS is processing my I-829. So, when I asked my regional center whether this money should be re-invested into another project to make sure my I-829 can be approved, they told me that my money will be held in an account and that it would be illegal to re-invest my money into another project. They said my money would be held within this certain account and returned to me once my I-829 is approved. Although my money hasn’t been returned me since it’s no longer in the project, how will it be considered at-risk?
Answers
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyGetting to this one much later, USCIS has clarified that funds can be reinvested into similar projects to maintain the at-risk requirement. Previously, we would recommend the job creating entity wait to repay their loan or investment to the new commercial enterprise for as long as possible.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyAs long as the money is fully invested for the use of the project, out of the control of the Investor and subject to the risks of the project/business success without guarantees of return of original capital investment, it should be fine.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyThe money must be "at-risk" so simply holding it in an interest bearing account may not meet that requirement. Technically, it would not be illegal if it is done with your consent.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThis question is a subject of debate in the EB-5 community and we are waiting for USCIS to issue guidance. So far, we only have interim guidance. For now, there are two main opinions on the matter. Some believe it only has to be held until the filing of the I-829, but that is an aggressive position. Others believe it should be held in bonds, but that poses some element of risk.
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