USCIS Issues Additional Guidance for EB-5 Investment
On October 11th, 2023, the USCIS released additional guidance concerning the required investment timeline for EB-5 investors connected to terminate regional centers.
Before the EB-5 Reform and Integrity Act of 2022, prospective EB-5 investors were obligated to retain their investments for the entire duration of their conditional residency, which often proved burdensome due to factors like visa availability. Under the new legislation, investments are expected to remain committed for at least two years, provided that the required job creation quotas have been met.
The USCIS notice offers clarity on when this two-year requirement begins: from the moment the qualifying investment funds are contributed to the new commercial enterprise (NCE) and placed at risk. Notably, the termination of a regional center may no longer automatically affect an investor's eligibility, under limited circumstances which must be carefully evaluated by your attorney. This is a significant shift from the previous practice, which would often result in a denial or revocation of petitions linked to terminate regional centers. For more information, you can refer to (USCIS's official release):
https://www.uscis.gov/newsroom/alerts/uscis-provides-additional-guidance-for-eb-5-required-investment-timeframe-and-investors-associated
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