EB-5 capital must be sustained at risk for a required period of time. The EB-5 Reform and Integrity Act of 2022 (RIA) maintains the pre-RIA sustainment period for pre-RIA investors and changes the sustainment requirements for post-RIA investors.
Investors who filed their I-526 petition prior to the enactment of the RIA on March 15, 2022, must keep sustain their investment in the new commercial enterprise until the end of the two-year conditional residency period.
Investors who filed their I-526 or I-526E after the enactment of the RIA must keep their investment sustained for “not less than two years”; the new regulations seem to imply that post-RIA investors may receive the return of their capital after being invested for two years even if the investors has not completed conditional permanent residency or even if the investor’s I-526 or I-526E is adjudicated. This is a significant advantage for new investors.
