If the developer repays the EB-5 loan while I am still in the final stage of the visa application, how long will it take for me to actually get the money?
Answers
Lynne Feldman
EB-5 Immigration attorneysMost projects want to wait until all investors in that part of the project have I-829 approvals but check with the developer.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIf you filed your case before the March 15, 2022 implementation of the EB-5 Reform and Integrity Act (RIA), your funds must remain at risk for the duration of your conditional residency (up until conditional green card expiration). For cases filed after, March 15, 2022, the funds must remain at risk for two years from they were made available to the project, which means you may get them back before your conditional green card expires.
Renata Duarte
EB-5 Immigration attorneysAfter the developer repays the EB-5 loan, you usually do not receive the money automatically or immediately. The loan is normally repaid to the New Commercial Enterprise (NCE) first, and then the NCE decides when it can redeem or distribute capital to investors based on immigration rules, the project documents, and available cash.
Tony W. Wong
EB-5 Immigration attorneysIf the ‘at risk’ period has been two or more years, the investment term under the project’s subscription agreement you signed has matured, and all requisite jobs have been created, you should be entitled to get your investment back, but the amount can not be guaranteed. It also depends on your regional center’s policy for how long it takes to process the refund to you when the above conditions are met.
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