EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 85

The Role Migration Agents Play in Redeployment What are the fiduciary duties and unregistered broker-dealer considerations when it comes to redeployment to maintain the investment “at risk” for EB-5 investors. By Osvaldo F. Torres and R. William Cornelius T he growing visa bac k log for c e r tain c ountries , especially those investors from Mainland China, has forced EB-5 investors, regional centers and new commercial enterprises (NCE) to reassess their expected “exit” from EB-5 projects. The requirement that investor funds need to be redeployed to maintain the investment “at risk” for those EB-5 investors that have yet to obtain conditional permanent residency has changed the EB-5 program’s landscape in ways that were not contemplated at the inception of the program. Redeployment considerations have become almost as critical a component of an EB-5 offering as the original project and require careful analysis by the parties tasked with structuring redeployment strategies. While such parties almost certainly include, as applicable, the NCE’s general partner or manager (GP), it may also include foreign migration agents. A foreign migration agent’s exact role in the redeployment process is a source of contention and likely varies by project but is a key discussion point. 1 EB5INVESTORS.COM 85