(News and views from IBLF staff and attorneys)
Question Detail: Most regional centers that I am reviewing state in their offering docs that they will refund an EB5 investment if the I-526 is denied. Some will give back a portion of the administrative fee. Is there a law by USCIS or the SEC that requires a regional center to return my full capital contribution?
Question Detail: Can two regional centers "co-host" one project? That is, two separate regional centers will each seek EB-5 investors for the same project (until the EB-5 project quota is filled), with the investors filing under their respective regional center. If yes, will two sets of PPM/business plans/economic analyses have to be made? Will any complications arise from this structure?
Question Detail: I am a Mexican citizen and I currently live in Mexico. However, I lived in the United States illegally with my family when I was younger, from about 3 to 13 years old. Would this previous illegal residence disqualify me from applying for an EB-5 visa? Will I have to document my time spent in the United States anywhere on the EB-5 application?
Question Detail: My I-526 petition has been approved and I received a letter saying that the National Visa Center (NVC) will determine the 'right' consulate for me. My country of temporary residence is different than when I submitted the petition. Will NVC pick a consulate for me without asking me about my preference? How does the NVC determine an EB-5 investor's consulate?
Question Detail: A few months ago I submitted my EB-5 application to USCIS. My EB-5 investment funds are currently being kept in an escrow account which says it will be released to the regional center only when my application is approved. Today the regional center asked if I can release the funds now for them to use immediately. Should I comply with the regional center's request? What risks will I face with this early release of funds?