The act of the contribution of capital. Contributing capital with the expectation of an exchange for a bond, note, obligation, convertible debt, or other debt arrangements between foreign entrepreneurs and new commercial enterprises does not qualify as an investment for these purposes. So, an investor cannot lend money individually to a new commercial enterprise and have it constituted as an investment. In addition, the alien entrepreneur must provide the prerequisite investment amount into the new commercial entity to be considered a new commercial enterprise.

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EB-5 Program Update:

The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.

If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.

LCR expects the program to be reauthorized in February 2022, and continues to work with international families that want to explore alternative residency options.

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