How can I get a permanent visa with another EB-5 project? - EB5Investors.com

How can I get a permanent visa with another EB-5 project?

Our conditional green card has been issued. However, I am concerned about what will happen if the EB-5 project fails to demonstrate that 10 jobs were created or completed in the next few years. Is it advisable to transfer funds from one project to another in the same regional center if this happens? Is it advisable to continue investing in the same regional center? Can the permanent green card be issued with a different project? What are the possibilities of getting the money back from the first investment?

Answers

Lynne Feldman

Lynne Feldman

EB-5 Immigration attorneys
Answered on

All good questions which we can help you analyze but would need to consult with the project documents and work with you and the Regional Center to confirm what is best and mos =t reliable for you.

David Santee

David S. Santee

EB-5 Immigration attorneys
Answered on

Transferring funds from one project to another to ensure sufficient job creation is generally not allowed except in the case of regional center or NCE termination or debarment by USCIS under Subsection (M) of the EB-5 statute. To assess risks and options in your particular case, it is important to consult with an experienced EB-5 attorney.

Yuliya Veremiyenko-Campos

Yuliya Veremiyenko-Campos

EB-5 Immigration attorneys
Answered on

Because your conditional green card has already been issued, USCIS will evaluate your I-829 based on whether the original EB-5 investment remained at risk and ultimately created (or can be credited with creating) the required 10 jobs. If the project fails on job creation, it can jeopardize removal of conditions. In most cases, simply moving funds to another project later does not cure a deficiency, because USCIS expects continuity between the approved I-526E investment and the I-829 filing.
Whether you can recover your funds depends entirely on the private offering documents and the financial performance of the investment, since EB-5 capital must remain at risk. The best course is to closely monitor the project’s job-creation progress now and review the redeployment and exit provisions early so any risks can be evaluated well before the I-829 stage.

Tony W. Wong

EB-5 Immigration attorneys
Answered on

Yes, you can transfer to another project under the same regional center after you have got your conditional green card and your unconditional green card can still be issued if the new project can satisfy all conditions such as creating sufficient jobs for you. I believe your regional center can evaluate about the projects to decide if you need to change project.

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