06/13/2026
Did You Know?
EB-5 capital may still satisfy the “at risk” requirement even if it enters a project toward the later stages of construction.
A common misconception is that an investor must enter a project more than two years before construction completion in order to satisfy the sustainment period. That is not necessarily the case. If EB-5 capital was clearly contemplated as a material part of the project’s financing plan before construction began, an investor may subscribe later in the development cycle, remain invested into the operational phase, and still receive credit for both construction and operational job creation, assuming the project otherwise meets the applicable requirements.
This is one reason why investors and advisors should look beyond simple construction timing and focus on how the project was structured from the beginning.
As always, careful due diligence matters.
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