By the time the EB-5 program sunsets in 2027, I will be in the I-829 stage of my EB-5 application. I am concerned that many regional centers projects fail in this phase. Even if the program is no longer current by then, will redeployment rights for “good faith” investors still apply?
Answers
Renata Duarte
EB-5 Immigration attorneysYes, protected EB-5 investors should not lose eligibility solely because the Regional Center Program sunsets in 2027, but “good faith investor” protections are not the same thing as ordinary redeployment rights and they do not rescue every failed project. Please review your facts with an EB-5 attorney.
Lynne Feldman
EB-5 Immigration attorneysWe expect they will continue after the sunset date.
Tony W. Wong
EB-5 Immigration attorneysRedeployment usually happens when the project is done, sufficient jobs have been created, and funds are returned to NCE before the two-year sustainment and/or the term of investment under subscription agreement has not been completed. If all jobs have been created before redeployment, the funds in the new project don’t need to create jobs, but just to maintain sustainment and the funds are still at risk. In some scenarios, if the two-year sustainment has been fulfilled and all jobs have been created, the funds may not need to be redeployed.
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