I am an EB-5 investor, and I recently found that the project I invested in might have been involved in a fraud. The JCE went bankrupt, and one of the JCE employees was indicted but not yet convicted of diverting some money. However, the money was a small percentage of the total money invested by EB-5 and other investors, and it is hard to tell whose money was diverted: EB-5 or other investors. The capital was at risk, and the requisite jobs were created. Would my I-829 be denied because of this situation?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysDepends on the specific facts of your case, if the jobs were created and the money used for job creation then the case is potentially approvable, but it depends on the facts of each case.
Ying Lu
EB-5 Immigration attorneysAt the I-829 stage, USCIS primarily focuses on job creation. If all the jobs have been created as outlined in the business plan using the EB-5 funds, it is likely that USCIS will approve the I-829 petition. However, without knowing the specific details of your project, it is hard to provide a definitive answer. For instance, if the EB-5 funds were deployed in a manner not originally contemplated, USCIS might view this as a material change, potentially leading to a denial.
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