Can you summarize the dispute between IIUSA and USCIS regarding the sustainment period?
Can you summarize the dispute between IIUSA and USCIS regarding the sustainment period as it relates to capital repayment?
Answers
Of course. At its core, the dispute concerns the interpretation of the RIA of 2022 and its stated requirement that developers maintain access to EB-5 capital for a minimum period of two years. USCIS claims that two-year usage would satisfy the intent of the lawmakers. IIUSA claims that Congress never intended to limit the usage to two years. They believe that if the developers are forced to return capital in less than five years, the projects will become too risky. The judge has not ruled conclusively yet. Both sides are claiming victory for the time being.
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