Questions and Answers: EB-5 Further Deployment
Q1. Do I have to submit information for further deployment activities when I file Form I-924A, Annual Certification of Regional Center?
Q2. I have a pending Form I-526, Immigrant Petition by Alien Investor, and I need to further deploy my capital to maintain my eligibility. Do I need to submit more information to USCIS about my pending petition to show that I am maintaining my eligibility?
Q3. My Form I-526 petition is pending, or my Form I-526 was approved, but I have not obtained conditional permanent resident status, and I need to further deploy my capital to maintain my eligibility. If the regional center where I first deployed my capital expands its designated geographic area after I submit my Form I-526, may I further deploy my capital anywhere within the expanded geographic area?
Q4. On June 14, 2017, USCIS published a Policy Manual update addressing further deployment of an investor’s capital to continue to meet applicable eligibility requirements. Will USCIS apply the July 24, 2020, Policy Manual clarifying update (on further deployment of capital) to all Forms I-526 and I-829 pending at the time of publication?
Q5. How will USCIS consider further deployment after approving a Form I-526 and before the investor obtains conditional permanent resident status?
Q6. How does USCIS consider further deployment for purposes of establishing eligibility for removal of conditions at the Form I-829 stage?
Accordingly, when we review further deployment while adjudicating Form I-829, we focus on whether the investor can establish that the further deployment complies with applicable requirements, including sustaining their at-risk capital investment in an ongoing commercial enterprise (that is, having a sufficient relationship to commercial activity) over the required period of time, despite certain changed circumstances related to the further deployment. Notably, the law does not necessarily require further deployment within an approved regional center to remove conditions once an investor has obtained conditional permanent resident status. As noted in the Policy Manual, even termination of the regional center the investor is associated with will not automatically terminate the investor’s conditional resident status. The investor will continue to have the opportunity to demonstrate compliance with EB-5 program requirements, including through reliance on indirect job creation.
Q7. May an investor further deploy capital during the conditional residence period to remedy insufficient job creation from the initial deployment?
However, if an investor has not yet obtained conditional permanent resident status, the material change guidance discussed in the Policy Manual, Volume 6, Part G, Chapter 4, applies.
Q8. Do the eligibility requirements for initial deployments of capital also apply to further deployments of capital?
- Place the capital at risk, to include a risk of loss and a chance for gain;
- Demonstrate the actual undertaking of business activity;
- Demonstrate a sufficient relationship to commercial activity such that the enterprise is and remains commercial; and
- Make the full amount of the investment available to the business(es) most closely responsible for creating employment.
However, for further deployments of capital after satisfying the job creation requirement, the initial deployment of capital that satisfied the job creation requirement generally will have also met the requirement that the full investment amount be made available to the business(es) most closely responsible for creating employment.