Questions and Answers > EB-5 Investments

With a pending I-829, what happens if the EB-5 project I redeployed my funds into is failing?

I have a pending I-829 and am currently a conditional permanent resident. Since original project returned funds early, I redeployed into another project which has since run into trouble one year after I redeployed funds into it. Along with redeployment, I filed another I-526. Recently I got an NOID on the second I-526(USCIS said it is unlikely to create jobs). 1. What does it mean for my I-829? 2. Should I withdraw the second I-526 or should I respond to the NOID? 3. What happens to my conditional PR status if the NOID response is denied and second I526 is denied?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on October 4, 2021

  Filing the I-829 should end your obligation to sustain the investment.

• Phuong Le

  Immigration Attorney

  Answered on August 31, 2021

  Project can still create sufficient jobs even if it fails. It depends on how far along it is. These are also two separate issues. The I-829 is pending and from your description, you may lose out on repayment, but that won''t necessarily affect your PR. Your second I-526 NOID, though troubling (because it calls into question whether it was viable to begin with), may not ultimately affect your current I-829. Either way, this is extremely fact-based and either your attorney or the project should be guiding you through this process.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 31, 2021

  The critical issue in your case is proving the jobs were created based on your investment. So determine how many jobs were created, prove your funds were reinvested and at risk at the time the I-829 was filed, and that the requisite number of jobs were created.