What are my legal options if my EB-5 project fails and I am not able to get my funds back? - EB5Investors.com

What are my legal options if my EB-5 project fails and I am not able to get my funds back?

What are the recommended steps? Is litigation commonly used in this scenario?

Answers

Daniel A Zeft

Daniel A Zeft

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

An EB-5 investment is an at risk investment. When you make an EB-5 investment, the EB-5 project could create the required number of jobs for U.S. workers or the EB-5 project may not create the required number of jobs. This is the reality of seeking U.S. permanent residence based on the EB-5 option.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Hard to know options without knowing the facts of the failure and whether your funds were invested and you credited for ten jobs.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

All EB-5 investments are required to be "at risk." If the risks were disclosed in the PPM and there is no evidence of fraud, then you may not have remedies. If the project misled you as to the nature of the investment and risk, then there may be a claim.

Robert V Cornish Jr

Robert V Cornish Jr

Securities Attorneys
Answered on

Depending on whether there was negligence or fraud on the part of your project, you may be able to pursue litigation. Speak with a securities attorney to understand what options, if any, you may have.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It depends. Litigation can be helpful assuming there are causes of action (i.e., the project/RC did something actionable). You need to understand what happened in your case.

Phuong Le

Phuong Le

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Depends on the reason for failure and whether the project (or individual owners) have any money. If it failed because of bad luck or even poor planning, that may not be sufficient for a cause of action. If you suspect fraud or self dealing, including commingling funds, then you may have a reason to sue.

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