Will I be able to get the administration fee back if the regional center project fails? - EB5Investors.com

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

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

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

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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.

Mark AM Catam, Esq

Mark AM Catam, Esq

Immigration Attorneys
Answered on

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

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

You should check the subscription agreement.

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
Answered on

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.

Robert West

Robert West

Immigration Attorneys
Answered on

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

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

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

Ian E Scott

Ian E Scott

Immigration Attorneys
Answered on

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

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

That is between you and the regional center project.

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