Cash is Cash – USCIS’ controversial
EB-5 policy
A retrospective on USCIS' erroneous policy that requires cash proceeds of a loan invested to
be judged differently from other sources of cash.
By Dillon R. Colucci
W
hile there are many objectionable policies to come
out of USCIS over the past 6 years, one of the
most disingenuous policy for the EB-5 community was
USCIS’ outlandish claim that the cash proceeds of a loan
invested in a new commercial enterprise was not truly
cash, and was therefore subject to additional regulatory
requirements.
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EB5 INVESTORS MAGAZINE
THE SURPRISE DENIAL
In the most USCIS-fashion that immigration lawyers are
keenly familiar with, in 2014 USCIS began issuing denials
of certain I-526 petitions based on the claim that cash
investments in new commercial enterprises were not
actually cash investments, but rather were investments
of “indebtedness,” and therefore were required to be