Questions and Answers > EB-5 Investments

How long does the EB-5 capital need to be at risk and when can I withdraw funds without jeopardizing the immigration process??

I started the I-526 petition about 5 years ago. Funds were invested at that time. My I-526 was approved in June 2021. My I-485 is pending for the principal and to be submitted for dependants once and if the program is reauthorized. Why would these funds have to be invested for this long? What is the milestone where funds can be withdrawn without jeopardizing the process? The regional center is unfairly benefiting from all of these delays.

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on February 11, 2022

  EB-5 funds must be sustained at risk during your conditional permanent residence period (2-year green card) and depending on your underlying contractual obligations (subscription agreement) with a Regional Center, which is a state contract law issue separate from the immigration law requirements. Safe approach would be to sustain capital until your I-829 is filed at the end of your conditional residence period, assuming the requisite jobs have been created as shown in the I-829 filing.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on February 11, 2022

  The end of "sustainment period" which is your conditional residence period. In other words, the milestones are immigration process-related, not calendar days/years-related.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 10, 2022

  The funds have to be at risk until the I-829 is filed - you are years away. Plus the return of the funds is governed by your subscription agreement because these are two separate matters. You are a long way away.

• Lynne Feldman

  Immigration Attorney

  Answered on February 10, 2022

  Need to look at your project documents to see what your options are.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 10, 2022

  Funds must be sustained through the 2 year conditional residency period. When you file the I-829, you should be free to obtain a repayment of funds. The increasing processing times resulted in "redeployment" mechanisms becoming a relevant consideration for investors.

• Dennis Tristani

  Immigration Attorney

  Answered on February 10, 2022

  Current USCIS policy states that the relevant "sustainment period," i.e., the period of time during which the invested funds must remain "at risk" as the two-year conditional green card period of the investor. Assuming jobs have been created, it would be safe to receive a return of your investment after the two-year green card period has ended and your I-829 is pending.