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ARTICLE · 27 JULY 2017

EB-5 Investment Funds – Standards And Guidelines For Redeployment

Saul Ewing Arnstein & Lehr LLP
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We acknowledge that this is an evolving issue and that new developments may occur that require changes in these proposed standards and guidelines.

United StatesImmigration

WHITE PAPER: STANDARDS AND GUIDELINES FOR REDEPLOYMENT OF EB-5 INVESTMENT FUNDS

Prepared by:
Arnstein & Lehr LLP
Klasko Immigration Law Partners, LLP
Jeffer Mangels Butler & Mitchell LLP

The EB-5 investment community is now facing a new challenge, as many of the more seasoned EB-5 investment projects begin to mature and the original investment capital is returned by the project owner to the new commercial enterprise. USCIS has clearly stated its policy that EB-5 investment capital is required to remain "at risk" in the new commercial enterprise until each EB-5 investor's I-829 petition is adjudicated. However, USCIS has provided no guidance on what requirements that new investment is required to meet, other than that it must meet the definition of "at risk."

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