We applied for an EB-5 visa in Sept. 2018 and got our approval for I-526 in Oct. 2020. We applied for the I-485 in Dec. 2020 and got approval in July 2021. We are in the USA as conditional residents, and before that, work visas. This week, our EB-5 project sent us a notice regarding financial struggle, considering foreclosure or bankruptcy as options, while the project is almost 95% finished. They created sufficient jobs for investors. My question is, can we be eligible to apply for an I-829 next year and get an approval based on job creation? How do we meet the criteria under these circumstances?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe fact the business has failed is not a problem. The question is were the jobs created, so if they were, and the case is otherwise approvable, you should be okay.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyWould need detailed analysis to advise. Getting I-829 approved and return of funds are different issues.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyYou will file I-829 based on the work completed and hopefully you will be able to show sufficient job creation. It will depend on the docs/job creation whether or not the I-829 will be successful. Work with your attorney to understand your position.
Robert V Cornish Jr
Securities AttorneysYou can certainly apply for an I-829 as jobs have in fact been created. You should speak with a securities attorney regarding what exactly happened with this project.
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