New USCIS Policy Manual Clarifying EB-5 Funds Deployment

By July 24, 2020October 1st, 2020EB-5 Visa, Immigration, Investor Visas

USCIS has issued a new policy manual on July 24 regarding the deployment of EB-5 funds. If you want a green card and have ever thought about starting or purchasing a business in the United States an EB-5 Investor Visa could be perfect for you.  Generally speaking the EB-5 Immigrant Investor Visa (“EB-5 Visa”) requires that you invest either $1,800,000 in a city settings, or $900,000 in rural settings, and in return, the U.S. Government will give you a Green Card.  To learn more about EB-5 investments, please click here. To learn more about the recent changes to the EB-5 system, please click here.

The new policy memorandum has addressed the following:

  • The purchase of financial instructions (monetary contracts between parties) on the secondary market will generally not satisfy the deployment of capital requirement
  • Capital may be further deployed into any commercial activity that is consistent with the purpose of the new commercial enterprise to engage in the ongoing conduct of lawful business.
  • Provides that further deployment must be through the same new commercial enterprise.
  • Provides that further deployment must be within the geographic area of the same regional center, including any amendments to the regional center’s geographic area approved before the further deployment.
  • USCIS generally considers 12 months as a reasonable amount of time to further deploy capital, but will consider evidence showing that a longer period was reasonable.

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