Money and structure
Redeployment
Also called redeploy, reinvestment, further deployment, передислокация.
Redeployment is the reinvestment of an EB-5 investor's capital into a new use after the job-creating entity pays it back, so the money stays at risk for the rest of the period it must remain invested. USCIS calls it further deployment.
What it decides
Capital in a petition filed on or after 15 March 2022 must be expected to remain invested for not less than 2 years, 8 U.S.C. 1153(b)(5)(A)(i), and redeployment is how a new commercial enterprise keeps that capital at risk when a project pays it back early. Under 6 USCIS-PM G.2(A)(2), once the job creation requirement is met and the capital is returned to or otherwise available to the new commercial enterprise, the enterprise may deploy it again within a reasonable time into any commercial activity consistent with its purpose of engaging in the ongoing conduct of lawful business. The capital must stay inside the same new commercial enterprise, but it need not go back to the same job-creating entity or into a targeted employment area, and it may go anywhere in the United States or its territories. Buying financial instruments on secondary markets generally does not qualify, because such purchases are primarily financial rather than commercial. USCIS generally treats 12 months as a reasonable time for most enterprises and will accept a longer period on the totality of the circumstances. For regional center petitions filed on or after 14 May 2022, four further conditions apply: the enterprise executed the business plan for the capital investment project in good faith without a material change; it created enough new full-time positions, directly or indirectly, to satisfy the job creation requirement for all investors in the enterprise; the job-creating entity repaid the capital in conformity with the initial investment the business plan contemplated; and the capital, after that repayment, remains at risk and is not redeployed in passive investments such as stocks or bonds. Those four come from 8 U.S.C. 1153(b)(5)(F)(v)(I), which directs DHS to write regulations allowing redeployment on those terms. DHS has not issued them as at 5 August 2026, so USCIS applies the conditions as policy rather than by regulation, and 8 CFR 204.6 says nothing about redeployment. Subclause (II) of the same clause requires DHS to terminate a regional center's designation if one of its new commercial enterprises violates any of these conditions.
Where this is explained properly
Pages here that go into redeployment rather than mentioning it.
Related terms
- Sustainment periodThe period an EB-5 investor's capital must stay invested. For a petition filed on or after 15 March 2022 it is two years, and USCIS counts it from the date the capital was contributed to the new commercial enterprise and placed at risk, not from admission as a conditional resident. For a petition filed before that date it is instead the two years of conditional permanent residence.
- Capital at riskThe rule that the investor's required capital must be genuinely exposed to loss, with a real chance of gain, and not shielded by a guaranteed return or by any contractual right to repayment.
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