I am seriously thinking about moving to the U.S. from Hungary using the EB-5 visa opportunity, but I do have doubts about the program. If I invest the required funds into a Regional Center, would I be able to get my money back if the project I invested in failed in the first two years? How long would the refund process take? And who would I have to contact in that kind of an unfortunate situation?
The program requires that the money be put at risk. If the business fails then absent fraud there is no way to get your money back, which is why you need to do due diligence before you invest.
Your money must remain in the project for minimally 2 years, but must continue sustaining commercial activity within the Regional Center until the condition on your green card is removed. Read carefully the securities documents provided by the Regional Center for any opportunity to receive profit or other refund. Know that there can be no guarantee that your investment will be returned and the securities documents cannot give you a right to refund by agreement. However, securities documents may give the Regional Center authority to buy back your participation in the project. Financial failure of the project is a potential possibility. To prevent that from happening, hire a good EB-5 immigration attorney who will guide you through a credible broker and to assistance in performing your due diligence of the project. If the project fails for fraud or misinformation which convinced you to invest, you may have a legal action to recover your investment. The EB-5 program is a valuable opportunity, but must be seriously approached before any money is invested. First, get an attorney. It will cost money but should save you from loss of your investment. Remember, the promoter of a project receives compensation only if you invest.
The best solution is to invest in a reputable Regional Center with a strong immigration track record of approvals. Other than that you need counsel to review the fine print of the project you invest in and of course ask the Regional Center to answer any and all of your questions in writing before you invest.
The agreement between the regional center and the EB-5 investor provides when the EB-5 investor can get their investment back.
