5) USCIS clarified guidance on the initial and further deployment of EB-5 investment capital on July 24, 2020. Can you provide a summary?

Although the announced policy of USCIS clarifies many of the open issues, it still leaves quite a few items open to discussion. In no order of importance, the newly announced policy states that further redeployment:

  • must be through the same NCE and be consistent with the original purpose of the NCE
  • must be within the geographic area of the same regional center, including any amendments to the regional centerís geographic area approved before the further deployment
  • must be made within a commercially reasonable period whereby USCIS generally considers 12 months
  • cannot be made into financial instruments, including municipal bonds or securities