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Viji Durga

Comment on sustaining the investment requirement

Answers

Philip Cohen
March 08, 2017 02:50 PMPhilip Cohen

The question suggests that as long as there is no "automatic redemption from the NCE to the investor" if the JCE pays back EB-5 funds to the the NCE prior to the investor's I-829 filing, the investment should be considered sustained. The issue in that scenario is that if the NCE holds the funds in some 'no risk' way (e.g. in a bank account), then USCIS would not consider the investment to be sustained because it is not sustained 'at risk' (i.e. with a chance to gain or lose).

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