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How am I affected by other EB-5 investors in a pooled project?

I have invested in a regional center with pooled investments with other EB-5 investors. Is there any way these other investors will affect my I-829 application being approved which is due within the next 4 months?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    You will be affected if there are not enough jobs created for all investors. Your risk increases if you are one of the last investors to join the project, as not enough jobs will be allocated to your job creation requirement. You should review the job allocation agreement for determining your particular case.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    No; you should not be affected by the other investors. There might be an issue if you are one of the last investors to join a project and the job creation numbers fall short. In that case, there might not be enough new jobs to be allocated to your I-829. The risk of this happening varies from project to project. You should contact an experienced EB-5 immigration attorney to advise you in these matters.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    The main way you could be affected is if there are not sufficient jobs to be allocated and other investors receive jobs that deplete the overall amount leaving less than 10 jobs for you.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    In a pooled investment, job creation and allocation are critical. Job allocation may have been or should have been defined as part of your investment. If the project you invested in has met the necessary metrics you should be able to verify the job creation for your I-829 filing.

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    Robert West

    Immigration Attorney
    Answered on

    No... Why would you believe that to be a problem?

  • Avatar

    Angeline Chen

    Immigration Attorney
    Answered on

    The I-829 is approved based on the job creation of the project. If there are enough jobs to cover all of the investors, there shouldn''t be a problem with your application. If they are short in jobs, there may be a problem. If there are personal issues with the other investors in the project that deem them inadmissible in the U.S. or if there are crimes, that should not affect your application. Your application is adjudicated based on the PROJECT and not by what the other investors do. The Job creation according to the business plan on the I-526 is the most important aspect. I would seek a specialized immigration attorney to file your I-829 application to make sure there are no issues.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Investors in a pool can affect another''s application if there aren''t sufficient jobs created, hence the first to file will have the jobs allocated to them.

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