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Question:

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How does return of EB-5 funds work when an I-526 is declined, and when it is approved? If an EB-5 investor has invested money in an escrow account and their I-526 petition is declined, must the money be returned to the investor? If so, how quickly must it be returned? If the I-526 has been approved and the money invested, are there any situations in which the investor can get his money back other than through the usual selling or refinancing?

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Answers:

February 10, 2015 15:29 Ed Beshara

The security offering documents signed by the investor will state under what circumstances will the investment funds be returned to not returned. Based upon EB-5 policies the investor may receive a refund of the investors funds if the I-526 petition is denied or the conditional permanent residency application of the investor is denied. Once the conditional permanent residency is obtained then the investment has to be 100% at risk and if the business fails the investment cannot be returned to the investor.

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