Questions and Answers > Other Eb-5 Questions

What will happen if my EB-5 project fails?

What will happen to my investment and visa status if the project fails or is not able to sustain 10 jobs for 2 years? Will I get my residency if the project fails within 2 years? What positive past experiences have you had working with clients in these circumstances if any.

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on February 4, 2014

  If the project fails, your may lose your investment and be denied your green card.

• Shahzad Q Qadri

  RC Creator

  Answered on August 27, 2013

  Should the project fail, you generally lose your investment and are not eligible to apply for the I-829 for a permanent green card. Should the project fail after the I-829 has been approved, you are likely to lose your investment.

• Jinhee Wilde

  Immigration Attorney

  Answered on August 23, 2013

  The main requirements of removing the condition of your temporary residency through I-829 application are to show that your investment is still sustaining and that the jobs have been created. If your investment fails before the I-829 is approved, then your conditional residency also may fail and you will need to depart. Since your situation may be complicated, please consult an experienced immigration attorney with all your documents to obtain more detailed advice.

• Lei Jiang

  Immigration Attorney

  Answered on August 21, 2013

  If the project fails before you apply for I-829, you will not get a green card. You can re-invest to buy you more time, but it''s a terrible situation.

• Julia Roussinova

  Immigration Attorney

  Answered on August 19, 2013

  You will need a business plan, financials, economic analysis on job creation, etc. Please consult an experienced EB-5 immigration attorney to discuss the specifics of your business.

• Margo Chernysheva

  Immigration Attorney

  Answered on August 19, 2013

  If the project fails, your removal of condition will be denied. You could make another investment and re-apply but unless the company can show that the jobs were created and are still present at the time of your removal of conditions, there is not much that can be done to save your status. Always hire an experienced attorney to represent you.

• Philip H Teplen

  Immigration Attorney

  Answered on August 15, 2013

  I suggest that you call us for a consultation. A failing project can destroy the final adjustment to permanent residence. i have many questions to ask, in order to best assist you.

• Ed Beshara

  Immigration Attorney

  Answered on August 15, 2013

  The answer to your question will depend on when the project fails and under what circumstances. For instance, if there is a downturn in the revenue of the business a few months before the anniversary of the two year conditional permanent residency and hence not all the required jobs have been created. If this happens, you can prove substantial compliance with the viability of the operations of the project and the rest of the required jobs will be created within a reasonable period of time. Furthermore you will also have to prove your investment funds have been committed and continue to be committed to show the required job creation until the I-829 petition is approved.

• Boyd Campbell

  Immigration Attorney

  Answered on August 15, 2013

  Eventually, you and your family members will be placed in deportation (removal) proceedings.

• Ying Lu

  Immigration Attorney

  Answered on August 15, 2013

  In most cases, if the project fails within the 2-year conditional residency period, the investor will not be able to get his/her permanent green card. However, if the project fails after the investor gets the permanent residency but before the time to return the investment comes, the investor may get his green card but suffer a financial loss.

• Lynne Feldman

  Immigration Attorney

  Answered on August 15, 2013

  We strongly recommend you select a solid project to begin with, especially one with a strong immigration track record. The project will be given a reasonable time to create the jobs as promised, but if they still fail then you will lose your green card status. Hopefully you will know of these dangers well ahead of time and can plan for other options.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on August 15, 2013

  If the EB-5 investment fails, you likely will lose all or part of your investment principal and you will not be able to remove the condition on your green card. EB-5 investments are "at risk" investments, so as in any other investment, there is the possibility of failure. I have been fortunate in my experience with direct investment cases and regional center cases. I have many clients with I-526 approvals, green card approvals and I-829 approvals (permanent green cards). In the event of a project failure, there may be other immigration options open to an investor; each case is unique and presents different facts and circumstances.

• Bill Travis Klein

  Immigration Attorney

  Answered on August 15, 2013

  If you do not meet the requirements you will not have the conditions removed on your green card and you will lose your right to legal residence in the U.S. Work with an Immigration Attorney to take actions to avoid this. There are strategies available to avoid this but it depends on your current business situation and your business plan that was submitted with your petition.

• Dale Schwartz

  Immigration Attorney

  Answered on August 15, 2013

  If the project fails, unfortunately you can lose both your money and your green card, if the conditions have not been removed before the failure of the project.

• Stephen Berman

  Immigration Attorney

  Answered on August 15, 2013

  If the project fails you will not be able to remove the condition on your residency.

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 15, 2013

  We hope you never actually have to experience this, so retaining an experienced EB-5 attorney who can analyze projects for EB-5 compliance issues becomes essential. An EB-5 attorney can also help you develop a plan or strategy to reach your US immigration goals. If a project fails for some reason, some regional centers may refund the investment funds for a future re-filing with a different regional center and/or project.

• Anthony Ravani

  Immigration Attorney

  Answered on August 15, 2013

  This all depends on the Regional Center documents that you have signed. Each Regional Center is different and have different documents. You have to ask your lawyers to analyze those documents and advise you. If you worked directly through the Regional Center, then you would need to hire an independent lawyer to do this review for you.