Bernard P Wolfsdorf
Immigration AttorneyThe 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).
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