Questions and Answers > EB-5 Requirements

What happens if an EB-5 project does not meet its projected number of created jobs?

What happens if an investor makes an investment in a regional center and the development falls short of the number of jobs originally projected? He is one of 25 other investors.

Answers

• Brandon Meyer

  Immigration Attorney

  Answered on August 7, 2012

  Depends on how many jobs are created overall and where he falls in the hierarchy of the 25 investors when filing his I-829. For instance, if he is investor 13 to file the I-829, and the project has created 150 jobs, he is probably okay. But if he is investor 15 and the project only creates 130 jobs, he is likely to have problems with his I-829.

• Boyd Campbell

  Immigration Attorney

  Answered on August 1, 2012

  Generally, the jobs created go to the first investors in the project who are ready to file Form I-829 petitions. If the investor is in a regional center project, he may be protected by an economic methodology that shows the creation of indirect and induced jobs.