What are the recommended steps? Is litigation commonly used in this scenario?
Answers
Daniel A Zeft
Find an EB-5 Visa Lawyer: Immigration AttorneyAn 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
Find an EB-5 Visa Lawyer: Immigration AttorneyHard 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
Find an EB-5 Visa Lawyer: Immigration AttorneyAll 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
Securities AttorneysDepending 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
Find an EB-5 Visa Lawyer: Immigration AttorneyIt 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
Find an EB-5 Visa Lawyer: Immigration AttorneyDepends 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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