Of all the byzantine operating, reporting and administrative requirements imposed by USCIS on NCEs, regional centers and investors, “redeployment” is certainly among the most vexing.
The need for a compliant redeployment solution arises out of two competing realities in the current EB-5 market: 1) USCIS’s stipulation that funds invested in an EB-5 project be maintained “at risk” for the full period of visa adjudication; and 2) Chinese retrogression, which has pushed estimated visa adjudication times for current mainland Chinese–born applicants into the ballpark of ten years.
Given such a timeframe, it is probable that any particular development project will reach completion before the NCE is allowed to return its investors’ funds to them. This creates the need for the capital’s reinvestment, or “redeployment,” into another project or security where it may remain “at risk” until the investors’ I-526 petitions are complete.
In June of this year, USCIS released an update to its Policy Manual that attempted to clarify guidelines for redeployment. However, as explained by attorney Julianne Opet in this week’s article, the new language is anything but straightforward.
Read the article: “USCIS Quietly Introduces New Requirements for Redeployment, Changes Position on ‘At Risk’ Period in Latest Updates to Policy Manual”
NES Financial, in collaboration with more than 20 EB-5 industry experts, has released the 2017 edition of its EB-5 eBook series, EB-5 Insider: Medallion Partners Share Insights on Industry Trends.
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