USCIS clarifies the sustainment period for EB-5 petitions

The new RIA rules that came into effect 2022,  removed the requirement for EB-5 investor to maintain their investment throughout their conditional residence.

USCIS specified the starting date for the two-year period under section 203/b)(5)(A)(i) of the INA for EB-5 investors seeking to remove conditions on their permanent resident status based on an EB-5 immigrant visa petition filed after the new regulation came into effect.

The New rules modified section INA 203(b)(5)(A)(i) regarding classification to invest or be actively in the process of investing the required amount of capital in an NCE; and, finally, affirmed that the investment amount must remain invested for a minimum of two years.

Therefore, EB-5 investors filing petitions for classification post-RIA:

– Investors no longer need to sustain their investment throughout their conditional residence. Instead they are now eligible to receive their investment to be paid back after 2 years.

Unfortunately, USCIS  will continue to apply the old pre-RIA rules to investments made prior to the RIA changes.