Currently, my EB-5 project is going through a redeployment phase. The initial EB-5 job creation for 10 permanent jobs has already been made. If the redeployment project through the regional center fails, will it have any impact on me in regard to receiving my permanent green card?
Answers
Robert V Cornish Jr
Securities AttorneysYour question is a good one. The concept of redeployment entails that your funds remain at risk while your petition is pending with USCIS. The loss of your funds is in fact indicative of that very risk. While it may not have an effect on your petition, it certainly raises questions as to whether you were fully informed as to why the redeployment suggested to you was suitable for your investment objectives. You should consult with a securities attorney, along with your immigration counsel, to fully understand what options there are to recover funds and preserve your immigration benefits.
Bernard P Wolfsdorf
Immigration attorneysIf the redeployment results in a loss of your investment, this should not impact your eligibility if the jobs have been created. The new EB-5 law, the Reform and Integrity Act, permits an applicant for a green card to continue even if the Regional Center ceases operations, or even if the new commercial enterprise or the job-creating enterprise cease. Since the jobs have been created, it appears you are relatively safe.
Lynne Feldman
Immigration attorneysFrom the details you provided, I would not expect an impact on your green card.
Dennis Tristani
Immigration attorneysAdditional jobs do not have to be created during redeployment. Redeployment is necessary to ensure that your funds are at risk during your two-year green card period. So long as your funds were redeployed and at risk (even if they were lost) during the 2-year period and jobs were already created, you should not have an issue when removing conditions for your permanent green card (I-829).
Daniel B Lundy
Immigration attorneysIf your investment was deployed into the original project and used according to the business plan, the project was completed and jobs created, and the money was paid back to the investment entity, you have fulfilled all of the requirements except the requirement to maintain the investment at risk through your two-year conditional residence period. The redeployment is intended to make sure your investment stays at risk, so you can meet this final requirement. If the redeployment loses money, it would be unfortunate, but should not impact your green card.
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