Fredrick W Voigtmann
Immigration AttorneyEB-5 must remain at risk and committed to the new commercial enterprise. EB-5 capital reposing in escrow under the terms of an acceptable escrow agreement (automatic release upon I-526 approval or other trigger) will meet the at-risk requirement. The larger issue is the requirement that the investment be "sustained" during the entire period of conditional permanent residency, which for some China-born investors could start two to three years (or more) from now. This means that the funds might have to be at-risk and the investment sustained for five, six, or even seven years. Most regional center projects, especially loan-model projects, were designed so that the loan would be paid back in five years. This could now present a problem because there will be large numbers of Chinese investors still in the project without their conditions removed.