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How can I reinvest in an EB-5 project and retain my previous priority date?

My I-526 was approved last year and I am waiting for my priority date to become current. The project I invested in went bankruptcy this year. With the new changes to the EB-5 regional center program, can I reinvest in another project without giving up my previous priority date?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    This is unfortunate, but you can certainly reinvest your money in a new project. However, I am afraid you can neither reclaim your priority date nor operate under the old rules. Thus, the amount you have to reinvest will be higher which may be either at least $900,000 or $1.8 million depending on the location of the new project.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The new regulations provide for greater flexibility to immigrant investors who have a previously approved EB-5 immigrant petition. When they need to file a new EB-5 petition, they generally now will be able to retain the priority date of the previously approved petition, subject to certain exceptions.

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    Charles Foster

    Immigration Attorney
    Answered on

    You first should try to preserve your initial I-526 investment by showing funds fully invested and jobs created.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    Under the new regulations that went into effect on Nov. 21, 2019, you can make a new investment, file a new I-526 and keep your priority date. You would have to qualify under the current rules though, which means investing $900,000 or $1.8 million.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Yes, you can keep your priority date.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It looks like the policy supports this, but definitely work with an immigration attorney to ensure this is done properly.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, under the new rules, but it will require an increased amount of investment.

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