EB5 Investors Magazine "Top 25 issue" Volume 9 Issue 1 - Page 16

EB-5 redeployment regulations : Where we stand now

How the EB-5 Reform and Integrity Act changed redeployment and best strategies for NCE managers .
By Phil Cohen , Jessica DeNisi and Osvaldo Torres

Under the rules of the EB-5 program , an investor must make an “ at risk ” investment in a new commercial enterprise ( NCE ) that creates ten full-time positions for U . S workers . The USCIS Policy Manual ( Policy Manual ) provides that the investor must maintain that investment “ at risk ” throughout the two-year conditional residence period ( the Sustainment Period ) in order to remain eligible for a conditional or unconditional green card . As a result , after the initial EB-5 investment is repaid , returned investment funds are generally redeployed into a new “ at risk ” investment opportunity .

The requirement that the investment be “ at risk ” can be found at 8 C . F . R . § 204.6 ( j )( 2 ), requiring that the investment
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