I don’t understand the two-year sustainment period. When does it begin? When I wire the money to the regional center? Or when the EB-5 project starts? What happens with my application and my money during those two years? What if my project gets delayed?
Answers
Tony W. Wong
Find the Best EB5 Visa LawyersUnder the USICS's policy of October 11, 2023, the 2-year period begins when investors contributed the investment amount to the new commercial enterprise (NCE) and placed the investment at risk such as being made available to the job creating entity (JCE). Therefore, the 2-year period starts when the investment funds start to be used for job creation by JCE. During this period, the investment funds must be used for job creation and investors cannot receive their funds back until the required number of jobs has been created. So, if the project is delayed, that means the required number of jobs has not been created in two years, the sustainment period will be longer. The 2-year sustainment period is only one of the conditions for an approved I-829, but not the only condition.
Yuliya Veremiyenko-Campos
Find the Best EB5 Visa LawyersIf you filed your petition after March 2022, your sustainment period is 2 years that begins right after you completed the EB5 investment. If you project is taking longer, it affects the timeline of when you are getting your money back, but not your EB/5 eligibility.
Lynne Feldman
Find the Best EB5 Visa LawyersThis should not be a problem if the ten new jobs are created and the project is moving forward.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.