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What are my options if the EB-5 project I invested in fails at the conditional green card stage?

I got my two-year conditional green card last year. This year the regional center told me the project has failed. I got my investment capital refunded. My green card will be expired in November 2020. Do I need to submit an I-407 form to surrender my green card when it expires? Is it possible that I invest in another project and keep my green card?

Answers

• BoBi Ahn

  Immigration Attorney

  Answered on November 25, 2019

  You have the option to redeploy your funds as long as there were no fraud issues with your initial investment on your end.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 25, 2019

  Yes, under the new regulations, you can invest in a new project and you might even be able to re-adjust under recently issued guidelines. The biggest issue is processing delays for the new I-526. If you file an I-407, then you have to leave now.

• Charles Foster

  Immigration Attorney

  Answered on November 22, 2019

  You need to file your I-829 application with evidence that funds were invested and jobs were created.

• Lynne Feldman

  Immigration Attorney

  Answered on November 22, 2019

  Yes, there is a redeployment option in another project.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on November 22, 2019

  Yes, you can invest in another project. However, you may not be allowed to keep your green card.

• Salvatore Picataggio

  Immigration Attorney

  Answered on November 21, 2019

  The new rules allow investors to keep their priority dates, but that may be only for investments made after the rules go into effect, not grandfathering old investments. Otherwise, you would need to start over.