In re Izummi

1 Analyses of this admin-law by attorneys

  1. Standards and Guidelines for Redeployment of EB-5 Investment Funds

    Jeffer Mangels Butler & Mitchell LLPCatherine Debono HolmesFebruary 28, 2017

    ***** “An investor may receive a return on his or her capital (i.e., a distribution of profits) during or after the conditional residence period, so long as prior to or during the two-year conditional residence period, and before the requisite jobs have been created, the return is not a portion of the investor’s principal investment and was not guaranteed to the investor. Matter of Izummi, 22 I&N Dec. 169, 180-188 (Assoc. Comm’r 1998). …Note, however, that to the extent that all or some portion of the new commercial enterprise’s claim against the job-creating entity is repaid to the new commercial enterprise during the sustainment period, the new commercial enterprise must continue to deploy such repaid capital in an “at risk” activity for the remainder of the sustainment period.”