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Maximizing the Benefits of Redeployment in the EB-5 Program: Strategies and Considerations

June 7th, 2023 Kyle Behring

The EB-5 Immigrant Investor Program allows foreign investors who spend substantial funds in new commercial enterprises (NCEs) that generate employment for US residents to gain legal permanent citizenship in the United States. However, investors have found it difficult to meet the “at-risk” condition because of the exceeding durations needed for visa processing and adjudication as a result of retrogression. Redeployment serves this purpose by keeping capital invested in job-creating initiatives after the original loan term has expired. In this column, we’ll explore why it’s crucial to recognize redeployment, what it entails, and how to successfully handle it.

 

 ‘At-Risk’

Throughout the EB-5 investor’s two-year conditional residence term, their investment money must be “at-risk” under program requirements. As a result, the return of the original investment is dependent upon the passage of time. The ‘at-risk’ provision is meant to guarantee that the investment is really helping to expand and employ Americans.

To keep EB-5 funds ‘at-risk’ after the original loan is repaid and before the conclusion of the investor’s conditional residence term, redeployment plays a crucial role. Simply said, redeployment is the process of redirecting investment dollars from one project to another, which allows for the creation of new jobs and the stimulus of the economy to continue indefinitely.

The United States Citizenship and Immigration Services (USCIS) clarified the rules for reinvesting in 2020 EB-5 Capital Redeployment Policy Update.    See a redline version of the USCIS Policy Manual at Lucid Text EB-5 Blog.

The emphasis should be placed on commercial rather than strictly financial uses of the redeployed cash.

Projects eligible for redeployment do not need to be associated with a regional center, but must be located within the area designated by NCE.

Redeployment shall take place no later than 12 months after the initial investment has been returned.

 

Risk 

Redeployment risks in EB-5 investments may be greatly reduced by the assistance of regional centers. Several methods in which they may help are as follows.

Projects to be re-deployed may be carefully selected with the help of industry knowledge and experience at regional hubs like Behring Co. with a successful redeployment rate

Redeployment Project Due Diligence Regional centers conduct exhaustive redeployment project due diligence. This involves checking the project’s financial health, development potential, management, and EB-5 compliance. This thorough analysis guarantees the redeployment project is feasible and fits the investor’s risk profile.

Portfolio diversification allows Behring to reinvest their surplus capital in a variety of projects rather than a single. This spreads risk and encourages a well-rounded portfolio, both of which are benefits of diversity.

Redeployed programs are constantly monitored and managed by regional centers. They keep a careful eye on the project’s progress and the number of jobs created to guarantee that EB-5 regulations are being met.

 

Behring’s Legacy Fund: A Ready-Made Redeployment Strategy

EB-5 investors can tailor their own risk and return profile with the help of Behring’s Legacy Fund, an open-ended real estate fund. Because the fund’s reinvestment is handled by the same NCE, investors may easily reallocate their capital, and everyone stands to gain from the NCE’s success. Meanwhile, the Behring method allows EB-5 investors to get entry to institutional-grade, multifamily residential real estate projects.

 

Conclusion:

Redeployment is a crucial aspect of the EB-5 Immigrant Investor Program, allowing investors to maintain their eligibility for permanent residence and contribute to job creation and economic growth in the United States. While challenges exist, strategic project selection, diligent due diligence, compliance with regulations, and effective communication can mitigate risks and enhance the success of redeployment initiatives. By staying informed, engaging with experienced professionals, and actively managing their redeployment investments, investors can maximize the benefits of the EB-5 program and contribute to the prosperity of both their own futures and the U.S. economy as a whole.

 

Learn More About EB-5 and EB-5 Redeployment Requirements 

 To learn about Behring’s redeployment strategy and how EB-5 might work for you and your family, contact Behring for a free consultation. Behring welcomes you to visit our expansive library of EB-5 resources available for download as well as our FAQs and blogs to enable you to get the information you need to best prepare you for your EB-5 investment and green card journey.  

 

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