EB-5 Investment Funds – Updated Redeployment Standards And Guidelines

UPDATED
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

Now that the USCIS has released amendments to its Policy Manual regarding the required "sustainment period" for EB-5 investors to retain their investments "at risk," the authors of this updated White Paper have revised the original standards and guidelines for redeployment of EB-5 investment capital issued in February 2017 to reflect the new policies adopted by the USCIS on redeployment. It is believed that the guidelines provided in this updated report should meet the "sustainment" requirements established by USCIS in its amended Policy Manual, and it should also meet the requirements of federal securities laws and the fiduciary duties of the general partner or manager of each new commercial enterprise when making a decision to redeploy their investment capital in a