+1-800-997-1228
Questions and Answers > EB-5 Investments

What are the exceptions for EB-5 fraud victims in generating the 10 jobs for removal of conditions?

We invested $500,000 in a start-up company from Florida (more than $6M total). Our funds were misappropriated and the CEO ended up in jail. We currently have the EB-5 I-829 status, which has to get renewed every year. My question is, if I create 10 jobs through a staffing agency, would I be able to remove my conditions without having to invest again, given that we were clearly victims of fraud as per the FBI? What are my options?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Sadly, the ability to keep your place in the waiting line disappeared when the 2019 regulations were struck down. Creating ten jobs through as staffing agency will not work unless you make a new investment and qualify for a new green card. You can plead your case in front of an Immigration Judge if the I-829 is denied and you are put in removal proceedings.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You have a unique set of facts which would need to be analyzed with more details to give you an answer.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    If you can show you are a crime victim, you may qualify for a U visa.