An immigration lawyer’s perspective on the legality of “at risk” redeployment

  • Posted on April 17, 2019 | Updated on March 11, 2020 | 5 min read

Veteran immigration lawyer Carolyn Lee has written a lengthy blog on the matter of EB-5 redeployment and tackles the issue of the legality of the “at risk” investment requirement. She explains that “at risk” only applies to the agreement between the EB5 green card investor and the NCE, as the EB5 investment is “defined by the investor’s capital contribution to the NCE.” She maintains that the requirement of “at risk” does not apply beyond the investor-NCE relationship as any relationship beyond this is not actually the investment.

Lee notes that despite this, USCIS still refers to redeployment in terms of being “at risk.” In her examination of the issue, she makes many notable points such as redeployment should happen within one year when possible .

Read Lee’s blog