What happens with my EB-5 investment if the EB-5 program is not reauthorized on June 30?

First, we have had at least 17 extensions and the anxiety about this extension is, in my opinion merely scare tactics to enact a bad bill. Technically, until a visa is issued and the person lands, they not green card holders.

What happens to the money invested is governed by the PPM and other investment contracts you signed.

Your PPM will govern how your investment will be handled. Most PPMs have exculpatory language dealing with potential termination of the EB-5 program and the disposition of funds. This is a generalization, but most PPMs I have seen do not require the project to return the money if the EB-5 program is terminated. The investment runs its course and the investor remains at risk while that happens. What the investors may do is governed by the LP Agreement or Operating Agreement for the investment, which could include a variety of actions. Suffice it to say none of them are attractive. If you believe the program will end on June 30, your investment decisions should be guided accordingly with the assistance of your retained professionals. Your PPM will govern the time and notice requirements of a redemption request. A securities attorney should assist you in the review of your offering documents, if they have not already.

We do not know for sure but I would be shocked if there is any harm to persons who have already filed prior to the sunset date.