Due to the EB-5 visa retrogression, where the oversubscription of EB-5 investors from mainland China, Vietnam and Indian has caused years of waiting after I-526 approvals, EB-5 redeployment has become a reality for many participants. The need for EB-5 capital redeployment originates from the USCIS requirement that the EB-5 funds of an investor must be kept “at risk” during their two-year conditional permanent residency. For investors subject to visa retrogression, this means that when the EB-5 loan has reached its maturity and the project is completed, they may not have started their conditional permanent residency. Since their capital is usually returned to the new commercial enterprise at the completion of a project, it may no longer be considered “at risk” by USCIS, and therefore investors will have to redeploy their money in another similar project or via other investment vehicles, in order to satisfy the “at risk” requirements. This can pose challenges to investors, regional centers and immigration attorneys due to the ambiguous guidance on redeployment by USCIS.
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For Investors
Our professionals will evaluate your EB-5 visa eligibility at no cost, to help you understand the EB-5 visa program for general immigration purposes.
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