I got my conditional green card this July. The EB-5 regional center I worked with had a termination appeal that was rejected by USCIS this September. The project I invested in has created enough jobs. What should I do next? Could I switch to another regional center? If so, what is the procedure and how long will it take?
It is too late to change to another regional center at this time. However, the regional center may still be appealing the decision; and if it is time for filing I-829 go ahead and file particularly with all the jobs created you may be able to have your I-829 approved. Advisably, consult an attorney for further action as far as documentation is concerned and other actions are concerned.
USCIS states on its website that with respect to the impact of regional center termination, the conditional permanent resident status of an immigrant investor, if already obtained, is not automatically terminated if he or she has invested in a new commercial enterprise associated with a regional center that USCIS terminates. The conditional permanent resident investor will continue to have the opportunity to demonstrate compliance with EB-5 program requirements, including through reliance on indirect job creation.
The new requirements will allow for a new filing while retaining the original priority date.
You may need to redeploy or transfer your investment capital to another regional center to show your funds are still invested/at risk.
You will likely need to redeploy funds to another regional center.
You, along with other investors through your counsel, should get as much information as possible to prepare for the removal of conditions at the stage you file your I-829 petition. It would be difficult to switch to another regional center unless one agreed to take over the project.
Sorry to hear about your situation. You need proper EB-5 immigration advice (as well as investment advice) instead of a general discussion online. Connect with an EB-5 attorney ASAP.
