Who gets a green card if the EB-5 project does not create enough jobs?

Even though the required number of jobs have not been created at the I-829 stage, the investor and family members may still obtain their unconditional permanent residency cards based upon the concept of " substantial compliance." That is, if the investor can show that in a reasonable time period of 12 months the required jobs can be created, then the full permanent residency cards may be granted to the investor and family members.

It will be based on the filing order of the I-829s. Most operate in a first-in-first-out system.

Offering documentation of a regional center project in which you invest must explain job allocation. You should consult an attorney to review it for you before you invest.

Each regional center project should have an allocation schedule, usually on a first-in, first-out basis, to allocate the created jobs for each investor. It may come down to the order in which the I-829s are filed. You should check with your immigration attorney and/or with the regional center directly to determine where you are in that schedule.

It depends on how it is written in the pertinent part of the project documents regarding job allocation. Typically, if there is a shortfall in job creation, jobs will be allocated to the investors based on the sequence of filing of the I-829. It is usually not advisable to invest in a project where the job creation number is low and the offering is almost sold-out. However, USCIS sometimes tends to adjudicate I-526s of the same project simultaneously as a group so it will not make a big difference when you file your I-526. In that case, all of the investors in this project may be affected by the job shortage.

I would guess this eventuality should be handled in the documentation from the regional center. The limited partnership, subscription agreements, etc. You should ask this question of the center before signing on.

Typically jobs are allocated on a first-in basis.

First in line get the job allocation. So better to be first rather than the last investor, if there is a narrow job margin.

The regional center does not pick and choose who gets the green card. If the requisite number of jobs are not created, then USCIS will either deny all the I-829s for that project, or allocate the jobs created to the first few or several filed I-829s and deny the rest. Given that some of the mainland Chinese investors may take longer to come into the United States under the conditional green card than from some other countries, if there are not enough jobs created, then they and others who have come into the program or the United States late may be detrimentally impacted. This is a serious issue as whether you and your family could keep the green card status depends on the requisite number of jobs being created. If you think the regional center cannot prove the required number of jobs to remove the condition, you need to consider what you could do and what the regional center will do for you, including giving your investment back so you could invest in another project, and seeking expert legal advice as soon as possible.