Questions and Answers > Other Eb-5 Questions

Will I be able to get the administration fee back if the regional center project fails?

I understand that if my I-526 gets denied by USCIS, I will get the investment back. However, will I get the administration fee back if the project fails?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 24, 2020

  That depends on the project and on the subscription agreement but generally, if the petition is rejected, most regional centers do not refund the administrative fee.

• BoBi Ahn

  Immigration Attorney

  Answered on February 20, 2020

  That would depend on the terms of the agreement between you and the regional center.

• Lynne Feldman

  Immigration Attorney

  Answered on February 20, 2020

  You need to consult the particular regional center you are interested in and get an attorney to read the fine print with you.

• Stephen Berman

  Immigration Attorney

  Answered on February 19, 2020

  That is between you and the regional center project.

• Ian E Scott

  Immigration Attorney

  Answered on February 19, 2020

  No. They are usually nonrefundable, but your project documents will specify.

• Dale Schwartz

  Immigration Attorney

  Answered on February 19, 2020

  It depends on the financial stability of the project. If it fails, probably not, unless the funds are still in escrow at a bank.

• Robert West

  Immigration Attorney

  Answered on February 19, 2020

  What does the contract say about admin fees? That is where your answer will be.

• Vaughan de Kirby

  Immigration Attorney

  Answered on February 19, 2020

  You, certainly are entitled to the return of the administration fee. The only question, of course, is if the regional center has the remaining funds to return this fee. If this fee went to a third party that also could also create difficulty. I would recommend you consult with your investment immigration attorney on this issue.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on February 19, 2020

  You should check the subscription agreement.

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on February 19, 2020

  This is a question for the regional center that sponsored the project.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 19, 2020

  It depends on the policies of the project. Admin fees are kind of outside the jurisdiction of USCIS because they are separate from the required investment. Some may return admin fees. Many do not. Check your PPM and subscription/partnership agreements.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on February 19, 2020

  Generally, you will not get it back as they would have been spent on various matters. However, check your subscription agreement on how the administrative fee is supposed to be handled if the I-526 is denied.