EB-5 Q&A: What is the law about refunding my capital if I am denied my I-526?


In order to qualify as an investment in the EB-5 program, the immigrant investor’s capital must actually be placed “at risk” for the purpose of generating a return. Therefore, there is no law requiring that the regional center return the funds, even if the I-526 is denied. However, most of the regional center pilot projects will provide an exit strategy that allow a refund if the I-526 petition is denied.