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Questions and Answers > EB-5 Investments

As an EB-5 investor with an approved I-526, what happens now when the company I invested in went bankrupt due to COVID?

I had a direct investment in a company that went bankrupt 4 months ago due to the pandemic. I received my I-526 approval 2 weeks ago. What are the chances they will reject me at the NVC interview? My investment was invested for 3,7 years and the job requirement was met. Also, would I-829 be an issue for me now?

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Answers

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The project failed. Given this, you would not be eligible.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    If you have fully invested the money, the money was all used in the project, the project completed generally in accordance with the business plan, and the jobs created, you should still qualify for an EB-5 visa and subsequent I-829 approval because you have met all the eligibility requirements. The New Commercial Enterprise should not be dissolved, and any money recovered should be reinvested by the NCE to keep it at risk until the end of your two-year conditional residence period.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That is a tough one. If the business is still operational and created the 10 jobs, a good argument could make it work.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you can show the money was invested and the jobs created, you should still have a viable case, but these cases are evaluated on a case-by-case basis.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You cannot be approved, unfortunately.

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    Irina Rostova

    Immigration Attorney
    Answered on

    If the jobs were created and you did not receive the return of your investment when you file the I-829, then the bankruptcy should not be an issue. That is the business risk that the program requires for investors to have. With the a proper legal brief and documentation, your I-829 should be approvable.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    It depends; additional facts are needed. Did the company shut down or simply file for bankruptcy? Discuss with your I-526 attorney.

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    Phuong Le

    Immigration Attorney
    Answered on

    It may still be an issue but the good news is your project may still be salvageable, especially if you take it over.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You should set up a consult with your immigration counsel or other counsel to assess the situation.

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    Robert V Cornish Jr

    Securities Attorney
    Answered on

    You should be in good shape if the jobs were created, assuming that you were actually allocated the jobs that were created. There may not have been enough to allocate to all investors. And you may not actually have a regional center that can submit anything to assist your immigration attorney. In any event, COVID-19, frankly in my view, is not an excuse for a project to go bankrupt, especially since most of the lending, etc. generally took place long before the pandemic. Many issuers have and can rework their debt without BR. You should consult counsel to review your options to recover your money.

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    Linda Liang

    Immigration Attorney
    Answered on

    Bankruptcy does not mean the company went out of business, neither does it mean the company fails to hire 10 workers for each investor.