How does reinvestment work if the project ends before the required period?

The EB-5 program first grants conditional residence, which only becomes permanent when the investor demonstrates, in the I-829 petition, that the invested capital was maintained at risk during the required period and that the projected jobs were created. When the original project concludes before that point, questions arise about what to do with the funds.

In that scenario, the typical solution is reinvestment: transferring the capital to another venture that also meets the program requirements. The core principle is that the money must remain at risk and actively deployed in job creation, without sitting idle, until all conditions are met.

To support this transition, the investor must thoroughly document the move, which typically involves:

• Contracts and records proving the deployment of capital in the new project.
• Evidence that the required jobs continue to be created or maintained.
• Financial projections and statements supporting the viability of the new venture.

The rules around reinvestment and the capital maintenance requirement are detailed and subject to change, so it is worth confirming the current requirements with USCIS or a qualified professional before moving any funds.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.