USCIS EB-5 Deployment Guidance
USCIS’ latest EB-5 policy alert clarifies guidance on redeployment of investment capital under the EB-5 Investor Program. It guides further deployment of capital in a new commercial enterprise after jobs creation requirements have been met.
GreenAccess and Florida Overseas Investment Center are bound by and adhere to all USCIS guidance. Clarifications apply to all Form I-526 and I-829 petitions pending on or after July 24, 2020.
The Guidance:
- Clarifies capital must be sustained at risk for at least twenty-four (24) months following Conditional Permanent Residency (based upon the US Conditional Green Card issuance date).
- Clarifies requirements for deployment of capital generally, including providing new language regarding deployment through any financial instrument that meets applicable requirements.
- Clarifies that capital may be further deployed into any commercial activity in the ongoing conduct of lawful business so long as it is in commerce and not a purely financial activity.
- Provides that further deployment must be through the same NCE (New Commercial Enterprise).
- Provides that further deployment must be within the geographic area of the same regional center.
- Explains that USCIS generally considers 12 months as a reasonable amount of time to further deploy capital but will consider a longer period if deemed reasonable.
How This Impacts You
GreenAccess, as general partner of your NCE (New Commercial Enterprise) redeploys capital following all USCIS guidelines. This ensures your capital investment continues to meet EB-5 Program “at risk” requirements.
Beyond USCIS guidance, GreenAccess remains committed to concentrating on investments, usually in the education sector. GreenAccess’ redeployment focuses on investing in a portfolio of secured loans.
Unless there is a redeployment requirement, GreenAccess managed NCE’s will refund EB 5 capital investments beginning at minimum twenty-four (24) months following the US Green Card issuance date and repayment /liquidation of loans owned by the NCE.
For questions about this policy update or redeployment, please contact your agent, or reach GreenAccess directly.
