USCIS now defines 12 months as reasonable time for redeployment. If my investment fund returns to NCE”s account in Nov, 2021 and NCE does not redeploy the fund before March 2022 (end of my 2-year conditional residency period), can I withdraw the investment? Would the 3-4 months gap satisfy the 2-year “at risk” requirement?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe general rule is that you can withdraw the funds once the I-829 is filed but that also depends on what you have agreed to, because redemption is governed by the documents you signed. As to whether the gap would impact the “at-risk” requirement, USCIS looks at the totality of the circumstances. If the jobs were created and the initial project completed and the business plan followed, it should be approvable.
Robert V Cornish Jr
Securities AttorneysYour investment must remain at risk for the entire duration of your immigration process. You can certainly withdraw the investment once you receive all of your benefits, but not before then. You can withdraw before you get benefits, provided your investment vehicle provides that.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyYou cannot withdraw the investment prior to filing form I-829. The NCE has 12 months to redeploy.
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