What is the next step after an EB-5 project is shut down?

Your EB-5 case depends upon meeting the statutory and regulatory eligibility criteria for initial classification AND upon sustaining your investment in good faith and creating the required number of full-time jobs within the two-year period or within a reasonable period of time. If the project is shut down, for whatever reason, and you are not able to sustain your investment and create the required jobs, then your EB-5 conditional lawful permanent resident status likely will be terminated.

To date this has not happened; the general consensus is that if the EB-5 petitions have been filed, then they will be grandfathered in.

It has happened. You would need to petition the USCIS and it would depend on the reason for failure. If it was a governmental take-over or an act of God they could allow you to proceed, but it is not an easy route to take.

Unfortunately it has happened before. Your only option is to re-file if the project is really shut down.

Many EB-5 projects fail, either due to negligence or some unforeseen reasons - this is the problem with investing in a new entity with no track record in EB-5. All you can do is get your investment funds back from that project and reinvest immediately with another regional center. I think it will behoove you to choose a regional center with a successful track record in both I-526s and I-829s. There are several with 100 percent approval track records in multiple projects.

You would likely have to refile an I-526 petition with a new EB-5 project, but, hopefully, the current investment would have had some provision to repay funds in the event the project fails. You would lose time, but hopefully you won&#39t lose money.

It has happened before. You will need skilled counsel, likely a securities litigator, to assist.

The visa application is specific to each investment. You could find a new investment and start over.