+1-800-997-1228
Questions and Answers > EB-5 Investments

Since I have invested $900,000 in a TEA, what happens with my EB-5 application now since the investment amount has returned to $500,000?

I invested $900,000 in a TEA after the EB-5 Modernization Rule increased the investment amount. I just heard that the rule has been vacated by the courts. What happens with my investment now? Can I get a refund for $400,000?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The investment amount is regulated by the documents you signed, and while I have not seen your documents, I doubt they provide for a refund of the $400,000 because of the invalidation of the regulations.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Unlikely, unfortunately. I did not notice that the decision would apply retroactively. Reauthorization or new legislation would be your best bet to clarifying what is going on.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Unlikely because at the time you invested, that was the proper amount. You can check with the project but you will likely need to sue to get the difference returned.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    A refund, at this time, is not advisable even if it is possible (which is highly unlikely).

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you already invested in a regional center project, you should check with the regional center. You probably cannot get a refund because the contracts you signed at the time will control what happens.

  • Avatar

    Robert V Cornish Jr

    Securities Attorney
    Answered on

    You should read your PPM, but generally, the project has no obligation to return money to you paid in excess of the investment amount. Unless your project amends its PPM and is in a position to return the excess funds, your investment (especially if it is a loan) will remain the same.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Some Regional Centers are offering to refund $400,000 if the case is won on appeal. Everyone is waiting to see. No center will take just $500,000 yet.