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Question:

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What restrictions are there on recovering capital if an EB-5 investment fails? If an EB-5 investor’s I-829 is denied or for some other reason immigration becomes impractical, what happens to the investor’s original funds? Are there any restrictions on taking the EB-5 investment out of the country once it is free to be released?

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Answers:

December 12, 2014 15:16 Ed Beshara

The personal investment funds have to be at risk.Therefore, if the EB-5 business fails then the personal investment finds may be lost. However, in an EB-5 Regional Center project the funds may be loaned to the job creating entity. If the loan is not paid back then the collateral of the project can be sold to repay the loan to the entity which loaned the investment funds of the EB-5 investor. Once the investor receives funds back after the I-829 is approved, then these funds an be transferred to accounts outside the U.S.

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