FAQ: Understanding Capital Redeployment & Green Card Protection
Q1: What is "Redeployment" and why is it necessary?
A: "Redeployment" is a safety mechanism required by the EB-5 Program to protect your immigration status. USCIS rules require your capital to remain "at risk" and continuously invested throughout your entire "Sustained Investment Period" (generally until you are eligible for I-829 approval).
If the Project (the JCE) repays the loan to our Fund (the NCE) before your immigration period is complete, we cannot simply return the cash to you without disqualifying your green card application222. Instead, we must strictly "redeploy" (re-invest) that capital into a new commercial activity to keep your status valid.
Q2: What will my money be re-invested into?
A: The Manager will select investments that are considered "commercial activities" under USCIS policy. This typically includes other real estate projects, senior secured loans, mezzanine loans, or similar instruments.
Safety Check: Any new investment must effectively maintain the "at risk" nature of the capital (meaning there is a potential for gain and a risk of loss) to satisfy USCIS.
Geography: While the original project is in Florida, redeployment investments may be located elsewhere (even outside the Regional Center's territory) if permitted by current USCIS policy.
Q3: Do I get to vote on the new investment?
A: No. To ensure the Fund can act quickly to maintain compliance, the Manager has sole discretion to select and structure the redeployment investment. Member consent is not required for these decisions.
Q4: Does redeployment affect the Job Creation requirement?
A: Generally, no. The job creation requirement is typically satisfied by the original project (the JCE). Redeployment is primarily about satisfying the "sustained investment" (timing) requirement after jobs have already been created. The Manager will ensure any redeployment does not negatively impact the jobs already credited to you.
Q5: When does redeployment end?
A: Redeployment ends for you specifically once you have completed your Sustained Investment Period (i.e., you have become eligible for or obtained I-829 approval). Once that milestone is reached, your capital is no longer required to be "at risk" for immigration purposes, and the Manager can work to return your capital in accordance with the Fund’s distribution rules.
Q6: Can I just ask for my money back instead of being redeployed?
A: No. The Operating Agreement strictly prohibits the withdrawal or redemption of capital if it would violate the "at risk" or "sustained investment" requirements131313. Returning capital too early would violate EB-5 rules and likely result in the denial of your permanent residency.