Until March 2022, under the previous EB-5 regulations, investors were required to keep their capital investment 'at-risk' for two years after conditional green card approval. If the JCE returned the funds before I-526 petition approval, the NCE had to redeploy the funds into another business with a risk of loss and a chance for gain, within a reasonable time. If the initial investment didn't create 10 jobs, the redeployment must go to the same JCE.
