What is the process of getting the EB-5 capital back after I-829 approval? - EB5Investors.com

What is the process of getting the EB-5 capital back after I-829 approval?

I just submitted my I-829 application. I want to know the process of getting my EB-5 capital back when my I-829 is approved. Do I need to submit some kinds of forms to the regional center and make the request, or do I have to wait until the regional center reach out to me?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Check the offering documents you signed (PPM, operating agreement or partnership agreement). Their procedures should be set out in those. An immigration attorney can help review.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You need to review the program documents to determine this and talk to the regional center itself, as they all handle things differently.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Your subscription agreement should have stated what is the exit strategy or procedure would be followed. Also, you can contact the regional center to confirm what the next steps are in exiting from the project. Advisably, consult your EB-5 attorney so as to initiate the exit process.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Look at the terms of the subscription agreement and also call the regional center to inquire.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

It depends on the agreement you have with the regional center. Most regional centers do not give money back upon approval of your I-829. They may buy back the shares or membership interest you bought or you may be able to sell your shares or membership interest to a third party. Look at the agreement you signed when you invested, consult with your attorney and then make a decision accordingly.

Robert West

Robert West

Immigration Attorneys
Answered on

You need to speak to the center you have the investment with. They all have different rules for obtaining the money back.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

You should certainly be proactively in touch with the regional center. The terms and conditions that need to be met for a capital refund must have been explained in the offering documents that include the PPM, subscription agreement and supporting documents, such as the limited partnership agreement. The loan agreement between the job-creating enterprise (JCE) and the new commercial enterprise (NCE) must also have outlined the terms under which the NCE lent the funds to the JCE. Recently, USCIS has permitted the funds to be returned to the EB-5 investors at the time of I-829 filing as opposed to the I-829 approval. That said, as long as the regional center is compliant with the terms and conditions of the offering documents, the decision on the timing of the capital return is still under their discretion since they act as the general partner of the NCE. You should certainly seek the counsel of your immigration attorney before you approach the regional center.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Ask the regional center. Every one is different.

Sally Amirghahari

Sally Amirghahari

Immigration Attorneys
Answered on

You don&#39t need to file anything with the USCIS. However, you may want to review the terms under the partnership agreement that you signed with the regional center for return of your capital fund prior to reaching the regional center. You may also want to talk to a lawyer who can assist you with this phase of your case like we have assisted many investors to get their capital funds timely.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Make your request as soon as the I-829 is filed, per the terms and conditions in your PPM.

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