Most EB-5 investors share a common goal: securing U.S. residency for their families while ultimately recovering their investment capital. Generally, the timing of that repayment is not set in stone, especially with the rules under the EB-5 Reform and Integrity Act of 2022 (RIA).

You can think of the repayment timeline as a chain of agreements between three groups: the investor, the new commercial enterprise (NCE), and the job-creating entity (JCE). Each has specific roles and responsibilities, and repayment can only happen after certain requirements are met.

In this guide, we will explain how the EB-5 repayment process works, when you can expect to be repaid, and why timelines can differ from one project to another.

Understanding the Flow of EB-5 Funds

Let’s begin by exploring how EB-5 capital moves from investors to EB-5 projects and then back to the investors. This process involves the following key entities and steps that ensure the funds are properly managed throughout the investment cycle.

1. Your Initial Contribution

An EB-5 investor starts by wiring the investment amount ($800,000 for a project in a targeted employment area or $1,050,000 for a non-TEA project) to an escrow account created by the regional center’s investment fund. Regional centers are USCIS-designated entities authorized to sponsor EB-5 projects and oversee the associated capital.

Each escrow account is project-specific and typically held by a third-party bank or trust company. The purpose is to safeguard investor funds until the release conditions stated in the project agreements are fulfilled.

2. The New Commercial Enterprise (NCE)

The investment fund formed by the regional center is called the new commercial enterprise (NCE). These entities are usually structured as:

• Limited partnerships (LPs): Investors buy partnership interests and become limited partners.
• Limited liability companies (LLCs): Investors purchase equity interests and become members.

The regional center’s principals act as general partners or managing members, responsible for overseeing the NCE’s operations.

3. The Job-Creating Entity (JCE) and Deployment of Funds

Funds are released from escrow and deployed into the project once all terms in the offering documents and agreements between the NCE and the job-creating entity (JCE) have been met. The JCE is the entity that actually receives the investment capital and creates jobs through the project.

Depending on the structure, the NCE may loan funds to the JCE or make a direct equity investment. While we will still discuss the sustainment period in detail soon, keep in mind that the two-year minimum sustainment period begins when the funds are deployed to the JCE.

4. Repayment of EB-5 Funds

The repayment of EB-5 funds from the JCE back to the NCE depends on the specific loan or equity terms. In loan models, repayment typically occurs when the loan matures, though interest may be paid periodically. Conversely, in equity models, investors may receive distributions based on their ownership share.

Regardless of the structure, repayment depends on the project’s financial success. As such, you should always consider the strength and stability of the EB-5 project when evaluating repayment potential.

5. Exit Strategies for Investors

Exit strategies vary across EB-5 projects. Still, repayment generally comes from:

• The sale of the investor’s interest at fair market value
• Operational profits
• Refinancing
• Asset sales

If the project performs as planned, the JCE fulfills its repayment obligations to the NCE, and the NCE then holds the funds, ready to repay investors their principal and returns.

The Two-Year Minimum Sustainment Period

USCIS requires EB-5 investors to keep their capital invested for a minimum of two years, starting from when the full amount is made available to the JCE. This marks a shift from the previous policy, where sustainment was tied to two years of conditional permanent residency. The change allows for more predictable timelines, especially for projects structured with early repayment capacity.

Once a project can legally and financially return funds, repayment may occur after the two-year period, regardless of the investor’s immigration stage. In addition, at least 10 jobs must have been created using an investor’s EB-5 funds before repayment.

It’s also important to note that the two-year sustainment period is not the same as the repayment timeline. The sustainment rule only defines how long your capital must remain invested for immigration purposes, while the actual repayment depends on each project’s financial performance and agreements.

The IIUSA Lawsuit and Policy Update

A recent lawsuit filed by IIUSA, a trade association, sought to extend the sustainment requirement to five years, arguing that USCIS lacked authority to shorten it without rulemaking. EB5AN opposed this position, and on July 29, 2025, Judge Ana Reyes of the U.S. District Court for the District of Columbia upheld USCIS’s two-year policy. The court confirmed that the EB-5 Reform and Integrity Act of 2022 (RIA) legally supports the shorter timeline.

What Determines When Investors Are Repaid?

Even though the two-year sustainment period sets the minimum holding time, the actual timing of repayment depends on the following factors:

1. The EB-5 Project’s Financial Performance

If the project performs well, through consistent revenue, refinancing, or asset sales, it can repay the regional center’s investment fund (the NCE) when the loan matures. But if the project struggles financially or lacks sufficient collateral, repayment may be delayed for months or years—or not take place at all. Even when a project is economically viable, its financial structure may place EB-5 investors behind senior lenders. In such cases, repayment is only possible once senior obligations are satisfied.

2. The JCE–NCE Agreement

The first key agreement is between the job-creating entity (JCE) and the new commercial enterprise (NCE). This document defines how and when the project returns investor funds. In loan-based structures, it usually specifies:

• Maturity date: Specifies when the principal and any accrued interest must be repaid, and may include provisions for extensions under certain fees or rate adjustments.
• Representations and warranties: Statements by the borrower confirming legal and financial compliance.
• Affirmative covenants: Obligations such as job creation, financial disclosures, maintaining insurance, and meeting tax requirements.
• Negative covenants: Restrictions on actions like asset sales or taking on additional debt without consent.
• Default scenarios and remedies: Clearly outlines what constitutes a default and the measures that can be taken if the borrower fails to meet obligations.

Some JCE–NCE agreements also include a repayment guaranty from a financially strong third party. This can provide an added layer of security, but its value depends on the guarantor’s capital adequacy and credibility. If the guarantor lacks sufficient assets, the guaranty offers limited protection.

3. The NCE–Investor Agreement

After the JCE repays the NCE, the timing of repayment to individual investors is determined by the NCE–investor agreement. This document outlines how funds flow from the NCE back to the investors. It typically includes:

• Redemption timelines and repayment procedures.
• How and when funds are released from escrow into the NCE.
• Investor rights in the event of early or delayed repayment.

Depending on the project’s structure and performance, repayment from the NCE to investors can occur through equity sales, scheduled distributions, or redemption.

How the EB-5 Redemption Process Works

Redemption is the most common repayment method in EB-5 investments. It is a structured exchange in which the investor surrenders their ownership interest in the NCE and receives a fixed repayment in return. Here is a clear sequence of how the process works:

1. Sign the Redemption Agreement

The process begins with the investor and the NCE’s general partner signing a redemption agreement. This document specifies the repayment amount, repayment deadline, and confirms the investor’s resignation from the partnership or LLC. Once signed, the NCE becomes legally obligated to repay the investor as outlined in the terms.

2. Confirm the Effective Date

Once the agreement is signed, the “effective date” triggers obligations on both sides. The investor provides resignation documents confirming that no I-526E petition is pending. Similarly, the NCE verifies its authority to redeem and sets the official redemption date when the repayment will take place.

3. Execute the Redemption

On the redemption date, the transaction is completed. The investor’s ownership interest in the NCE is cancelled, their capital account is closed, and the repayment amount is wired in full. This marks the official end of the investor’s financial involvement in the enterprise.

4. Final Warranties and Releases

The redemption agreement also includes warranties and releases that protect both sides. The investor warrants that their interest is unencumbered and that they have the authority to resign, while the NCE warrants that the agreement is valid and enforceable.

This structured redemption process eliminates uncertainty and gives both the investor and the NCE clear expectations. Once repayment is complete, the investor exits cleanly, and the NCE fulfills its obligations without any remaining commitments.

Why Repayment Timing Varies Across EB-5 Projects

Repayment timelines differ because each EB-5 project is structured based on its unique business model, financing setup, and market environment. Some EB-5 projects are designed for shorter investment periods, while others take longer before repayment is possible. EB5AN understands that each investor has different goals and liquidity needs, so it structures projects with varied timelines to match those preferences.

For instance, the Bay Creek project has a target investment term of about four years, and the Twin Lakes, Georgia project has a five-year term. Both are rural projects that qualify for priority USCIS processing. On the other hand, the Terra Ceia urban loan project offers a much shorter three-year investment period. Each project’s structure is built around realistic repayment expectations that align with job creation and business performance goals.

Secure Timely EB-5 Repayment With EB5AN

EB-5 repayment is not a single event but a process that unfolds over several years. However, since delays in project completion and immigration processing can affect this timeline, choosing a trusted regional center can make all the difference. EB5AN exclusively sponsors projects that have clear exit strategies and realistic repayment schedules. Our expert team has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States.

Schedule a free consultation with EB5AN to learn how to position yourself for both immigration success and a smoother path to repayment.