Many EB-5 projects have strategies in place if there is a denial of one of the investor’s petitions or applications. If I understand your question correctly, after the exit strategy has been completed and the investor receives whatever amount he or she gets from that exit, the investor is free to do whatever he or she likes with that money. Please note, however, that maintaining permanent residency requires the payment of taxes in the US and other actions, and similarly so for naturalization. We definitely recommend retaining qualified US Immigration and EB5 counsel, like our law firm, to assist you with your plans.
The security offering documents, business plan, economist report may refer to the exit strategies for the foreign national investor from the EB-5 project. There is a EB-5 rule and reference also be made to the most recent USCIS policy memorandum,that there cannot be any guarantees of the return of the principal of the investment capital or any redemption agreements in the body of the security offering documents to show that there is a guaranteed return of investment capital.
Once there is an exit and in a situation where the investor sell his/her interest in the limited partnership or LLC at fair market value and receive proceeds from the sale of its interest then is no restriction to transfer the amount of returned value to a bank account bank account in another country.