Short answer: Under the EB-5 Reform and Integrity Act (RIA), investor capital must generally be expected to remain invested for at least two years and stay “at risk.” The sustainment period often runs from when capital is fully placed in the new commercial enterprise and made available to the job-creating entity, not necessarily for the entire conditional-residence period. If the project repays before immigration is finished, funds may be redeployed into further commercial activity when statutory conditions are met; investors should read redeployment and exit terms before subscribing.
When does the two-year sustainment period start?
After the RIA, for most new cases capital must be expected to remain at risk for at least two years. The starting point is commonly linked to full placement in the new commercial enterprise (NCE) and availability to the job-creating entity (JCE), rather than automatically from the start of conditional residence. That differs from the older understanding that tied sustainment to the full conditional green-card period, and it changes expectations for applicants from countries with longer visa waits. See US EB-5 Investor Immigration.
When does capital redeployment happen?
If the job-creating project completes and repays according to plan while the investor’s immigration process (for example backlog or I-829) is still ongoing, the NCE may, when conditions are met, redeploy the capital into other commercial activity so that the “at risk” requirement continues to be satisfied. RIA-related rules emphasise good-faith execution of the original business plan, satisfaction of job creation for the investors, repayment of the initially deployed capital, and a prohibition on purely passive investments such as stocks or bonds. Actual practice still depends on project documents and current policy interpretation.
What should investors check in the subscription documents?
The statutory minimum sustainment period is a floor, not a promise of repayment on day 731. Actual repayment timing is set by loan term, extension options and project cash flow, and may run well beyond two years. Read carefully: who decides redeployment, geographic and industry limits, notice obligations, priority of return, and the circumstances under which capital can be returned. Whether and when the administrative fee is refundable should also be clear.
Sustainment and redeployment key points
| Item | Description |
|---|---|
| Minimum sustainment | Generally at least two years at risk |
| Clock reference | Often linked to placement in NCE / availability to JCE |
| Redeployment conditions | Original plan executed in good faith, jobs met, initial capital repaid, etc. |
| Prohibited form | Purely passive financial investments |
| Contract reality | Capital may be held longer than the legal minimum |
Global Immigrate’s recommendation
When choosing a project, do not rely only on marketing figures for “minimum investment” and “expected repayment year.” Ask for written explanation of how sustainment is measured, how redeployment works and how prior projects repaid. Applicants facing visa backlogs especially need to understand that a long immigration wait does not mean the law requires capital to be locked indefinitely—but the contract may still allow extensions or redeployment. Obtain independent legal review before signing and include the capital lock-up period in family financial planning.
Data current as of October 2026.
This article is general information only and does not constitute legal or tax advice.