+1-800-997-1228
Questions & Answers

What happens to EB-5 investors in a project if a regional center is terminated?

I am vetting EB-5 regional centers for investment for our permanent residency. I see that USCIS has a list of terminated regional centers. Can a regional center be suddenly terminated even if it has an ongoing project with EB-5 investors in it? If so, what happens to the investors' green card applications when the regional center is terminated by USCIS?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Unfortunately, yes. When an investor makes his or her investment, it must be "at risk," and one of those risks (which is usually disclosed in the subscription documents) is that the project or regional center may fail to maintain eligibility. If so, the investor may have to re-file their I-526 petition with a new project.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 immigration attorney will be able to advise you. The EB-5 policy of substantial compliance of an EB-5 project which includes the required employment creation, and sustaining the investment in an EB-5 project, will be the basis for the granting of full or unconditional permanent residency.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    Normally I would say the investor is out of luck. However, if there was fraud involved on the part of the regional center, you may have a remedy in the federal court system. It will all depend on the circumstances.

  • Avatar

    Robert Cornish

    Securities Attorney
    Answered on

    A primary element of any EB-5 investment is having your funds at risk. One of these risks is regulatory risk. Namely, if the regional center is shut down, you will likely not have a project that will create jobs and your application will either be denied or delayed indefinitely. One reason again why you need securities and immigration counsel on these things.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Unfortunately, if that is the basis of your green card and you do not yet have the 10 year card after filing the I-829, you will be out of status. It is important to pick a regional center with a strong immigration track record of I-526 AND I-829 approvals.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Normally, the project is simply completed and they stop taking investors.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.