+1-800-997-1228
Questions & Answers

What are my options for redeployment if my regional center doesn’t have a project in a TEA under the new regulation?

I am a Chinese investor with a priority date in 2016. I will soon have to redeploy my investment capital to keep my eligibility for the EB-5 program. My regional center told me that under the new regulation, they currently don’t have any project available in a TEA. My question is, can I redeploy my $500,000 investment capital in one of their available non-TEA projects? Am I subject to the new $900,000/$1.8 million investment threshold?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The rules on redeployment are not 100% clear especially in light of the new minimum investment amounts, although USCIS seems to expect some form of redeployment. Here is an accurate summary of the current situation. Once the jobs have been created (ostensibly that means once enough jobs have been created to cover the requirements of the EB-5 investors, and not every last operational job that was predicted in the business plan), the requirement to keep the capital at risk in the original JCE(s) ends, even before the investor is admitted as a conditional resident, as long as the capital is re-deployed at risk (with the chances for loss and gain) "within a commercially reasonable period of time" and "consistent with the scope of the NCE''s ongoing business" as set forth in the I-526 record. As examples, USCIS mentions loans into more residential construction projects or "new issue municipal bonds, such as for infrastructure spending." These two examples implicitly involve more job creation, but it is not stated whether more job creation or what type or how much is actually required, and USCIS does not state whether the new activity must be in the same regional center area or targeted employment area as the original project(s).

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Unfortunately, you may have to withdraw your investment and refile with the appropriate project. The end result is that you will only be able to re-invest in any $900,000/$1.8million project even though you may be able to transfer your $500,000 but, you will have to pay the additional amount to qualify.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    My understanding of redeployment is that it does not have to be in an EB-5 project at all, but I would be happy to review the options and the regulations with you.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Redeployment is not a new EB-5 investment and thus not subject to increased investment amounts.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You will be subject to the new investment amounts but can redeploy anywhere you wish to invest in.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.