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Questions and Answers > EB-5 Investments

Since the EB-5 regional center program has lapsed, is it reasonable for us to redeploy to keep the money as "at-risk" investment?

I''m an investor from China under the EB-5 program. The Regional Center keeps urging me to authorize to reinvest in order to keep an "at-risk" investment. They asked me to sign my name for consent form for them to reinvest before Feb 18. (If I didn''t sign my name, after that date, they will assume that I accepted it) But since this program is already lapsed, I don''t think it is very reasonable to do this, I checked many related information online, they suggest me to wait until the government make any update for a grandfather provision. What do you suggest I do?

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Answers

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    It is important that you seek immigration counsel.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would want to discuss the particular circumstances here, but it can be possible that if the program is reauthorized as is, the rules about maintaining the investment would remain, and when it is time to get that pending 526 or 829 approved, they would look to see if the requirements were met.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This is a very difficult question because there is a requirement to redeploy within a commercially reasonable time. The fact the program has lapsed means one could argue that you, the investor, wanted to make sure the program was reauthorized prior to re-deploying, so you can argue that a commercially reasonable time may be extended because investors need to see if there is even a program to hold on to. So, commercially reasonable time may include some additional time to cover the period of the lapse. However, we are in untested waters, so it is not clear if the government will be generous in determining what is commercially reasonable.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You should assume that the regional center program will not be reauthorized, or if it is, not anytime soon.