The new commercial enterprise (NCE) can return the investment funds to the EB-5 investors after the loan from it to the job-creating enterprise (JCE) matures. However, if the EB-5 investors have not filed their I-829 petition yet, this payment could put their EB-5 petition in jeopardy. Until recently, most regional centers would place those funds back in escrow and wait for the investors to receive the funds. However, USCIS has become very vocal recently that this practice does not comply with the letter of the law for EB-5. In their view, until the investors file their I-829 petition, their funds must be at risk. They believe that as long as the funds are in escrow, they are not at risk. Therefore, the NCEís have to redeploy the funds to other projects creating reinvestment risk. When the investors eventually file I-829, the funds could still be locked up in the new project. Therefore, the investors could end up having to wait longer than they originally anticipated.
