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EB-5 Sustainment Period (Pre-RIA)

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.

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