USCIS website Q&A on redeployment
July 29, 2020 12 Comments
USCIS has updated its website with a new page for Questions and Answers: EB-5 Further Deployment.
USCIS did not the announce that the page exists. I just happened to find it because I’m vigilant. The page contains new guidance and rules that USCIS apparently wanted to exist but to remain unknown to us. Like the policy manual update, the Q&A page provides answers that are either vague or blithely arbitrary, with no attempt at justification with reference to the existing statutory and regulatory framework, or even the policy manual. I will not repeat what the page says, but trust that lawyers will read it and give of their time to fight for justice and clarity.
A policy manual update and Q&A on redeployment urgently needed to exist. I give USCIS credit for attempting to provide them. If only the work had been done with thought and care, with an effort at justification and consistency.
EB-5 Updates 
I cannot believe they so said the impact is “minimum”. words cannot describe my frustration.
USCIS had to say that, to accomplish their objective of avoiding notice and comment. The industry and many lawyers will respond strongly that the impact is certainly not minimum. I hope and trust.
Dear Suzanne,
I truly hope the EB-5 Association and American Immigration Lawyers Association get actively involved in lobbying and fighting for a much needed update around “Sustainment Period” definition and EB-5 capital redeployment. This is one of the most important issues concerning investors today. It impacts both existing investors and prospective investors, who in addition to evaluating the merits and suitability of an EB-5 investment must now almost certainly face – given current processing times – the reinvestment of their capital following repayment of the original EB-5 investment.
I have invested $500K six years ago and have filed to remove conditions on permanent residence (I-829) two years ago. Considering current processing times, I believe removal will only be adjudicated 1 year from now. Meanwhile, original capital has been repaid from borrower to Regional Center and redeployed soon after. Based on USCIS instability, most regional centers and immigration lawyers prefer to take a conservative approach and would issue capital repayments to investors only after they had received I-829 Petition approvals (how to blame them?). Long story short, my best case scenario calls for my investment to be at-risk for SEVEN years!!! More than 3 times what the original legislator had in mind in terms of timing. Worth noticing that I have started this journey in 2014 where averaging processing times were half of what they are today.
Thanks for being the best source of EB-5 information on the web.
USCIS policy states that you don’t have to keep capital at risk after the sustainment period is over.
https://www.uscis.gov/policy-manual/volume-6-part-g-chapter-5#footnote-4
(iii) The alien sustained the actions described in paragraphs (c)(1)(i) and (c)(1)(ii) of this section throughout the period of the alien’s residence in the United States. The alien will be considered to have sustained the actions required for removal of conditions if he or she has, in good faith, substantially met the capital investment requirement of the statute and continuously maintained his or her capital investment over the two years of conditional residence.
See 8 CFR 216.6(c)(1)(iii). The sustainment period is the investor’s 2 years of conditional permanent resident status. USCIS reviews the investor’s evidence to ensure sustainment of the investment for 2 years from the date the investor obtained conditional permanent residence. An investor does not need to maintain his or her investment beyond the sustainment period.
I always said that the worst enemy of EB-5 Program is USCIS. It is totally clueless. I really think the Congress should abolish EB-5 Program if USCIS operates the program this way.
the worst enemy is USCIS.
absolutely right!
By the way, I really think USCIS staff sits around and says “Let’s see how we can confuse and exacerbate RCs and EB-5 investors”. I really have no idea why USCIS continues to have public discussion forums when they don’t clarify any issues. No wonder people don’t have any trust in the govt. This development is great for EB-5 litigation attorneys. Bad for everyone else.
Suzanne, an RFE was issued in May but neither myself not my attorney received a copy. A service request was placed a month later to send a duplicate and no response to that either. Going to be 60 days since the RFE was issued and no information on hand to be able to respond. Attorney says contact the senator and try to have their office push. Is this a common recent occurrence among I526 applicants? Any pointers as to how a resolution might be found to this? Thanks much in advance!
I haven’t heard that this is common (and certainly it’s not normal), but just last week I did hear of another investor with the same experience. Your attorney’s idea to contact a senator/rep for help sounds good. Also, you can use the “ESCALATE” process for your inquiry through the IPO customer service mailbox.
i never received as well, my RFE was issued in april my attorney got after almost 25 days later but i did not, when we inquired to usci they says they had sent to petitioner and attorney, i request duplicate copy 15 days after issued, but as of today never got. luckily we responded from attorney got, mean while we made several contact to usci rep but they just take a massage and says they will forward to the officer as they do not have access to look at.
Thank you Suzanne and VJ. The frustrating thing is neither my attorney nor myself got the first copy and they claim to have issued a duplicate copy via a service request we submitted which also wasn’t received. I emailed the IPO using ESCALATE about a month ago and no response has been received so far. Tried calling USCIS but the tier 2 officers weren’t helpful at all and they refused to email a copy given I had exhausted all other options and simply said “You need to wait. Thank you. Bye”. So disappointed that I need to reach out through a Senator just to get access to piece of paper that they claimed to have mailed twice.
Try checking the address on the file. I recently came to know that my lawyer had used my work address as my main address for communication. Consider for AR 11 application for change of address and confirm the address with USCIS. Good Luck