How does a matured EB-5 investors loan affect our future I-829 application? - EB5Investors.com

How does a matured EB-5 investors loan affect our future I-829 application?

Recently we were notified by our EB-5 regional center that a past-due/matured loan may result in the extinguishing of all junior loans and equity investments in our project, including our EB-5 investors loan. This could potentially lead to the loan lender taking over as the new owner of the development. We are very concerned that any capital event, such as a refund of our investment or conversion of our debt to shares may have a negative impact on our future I-829 filings. We know that USCIS requires that the investment be at risk when submitting the I-829 application. Given the potential risks associated with this situation, could this capital event potentially impair our future I-829 application?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

While such a capital event may have an impact, remember the critical aspect is the investment must be at risk, and the jobs must be created. There are several instances where the business has gone bankrupt, but the I-829 was approved even though all the money was lost, but the jobs were created.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

It should not impair your I-829 application. In addition, pay particular attention to your subscription agreement and its terms for all the rights afforded to you on this issue.

Robert V Cornish Jr

Robert V Cornish Jr

Securities Attorneys
Answered on

It could well be that you are in the position of funding job creation but not receiving your money back. Much will depend on how the project has tracked jobs and continues to track them based on the equity that you may be receiving in the project. This is on its face a very complicated matter. You should speak with a securities attorney who can review your documents and information.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You will need counsel to review the details to advise you.

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