EB-5 Investors (Post-Investment)

Protecting Your Green Card and Investment

How we have helped EB-5 Investors after investment:

  • Project Review: use of funds and job creation analysis.
  • Creating plan to protect Investor’s green card: communication, negotiation, litigation, settlement / judgment.
  • Organizing “subscription” plan among investors to jointly fund EB-5 litigation in Virginia.
  • Providing expertise to bankruptcy counsel in Washington, DC, representing EB-5 creditors
  • Liaison to SEC on whistleblower complaints filed by defrauded EB-5 investors.
  • Creating EB-5 Investor take-over plan of defunct nursing home project in Illinois.
  • Advising on claims for lost EB-5 investment in electric car manufacturer in Mississippi.
  • Obtaining new EB-5 regional center sponsorship for hospice project in Georgia.
  • Coordinating EB-5 litigation strategies among different investor groups in China, India, and US

Case Studies – Helping EB-5 Investors After Investment

Case Study 1: Investigate EB-5 Project to Determine its Status and Prepare the I-829

EB-5 Investor U.P. had invested in an EB-5 company in Ohio and received conditional permanent residence. He heard rumors that the project was not doing well so he followed up with the EB-5 project promoter. He spent several months pursuing the promoter. Finally, the EB-5 project promoter conceded that several other EB-5 companies, similar in structure to U.P.’s investment, had failed. EB-5 Investor U.P. was very worried that his investment may be lost and the USCIS may not remove conditions (I-829).

We were engaged to Investigate EB-5 Project to Determine its Status and Prepare the I-829. Through a search of various databases and documents, we determined that the U.P.’s project actually did hire ten people for a short period of time. Although the project had collapsed, we were able to collect evidence to show USCIS that the requirements for I-829 approval were met.

Case Study 2: Overall EB-5 program Requirements, Investment Landscape, and Fraud Profiles

Attorney R.E. represented two EB-5 Investors who had invested in one of a series of EB-5 projects. We consulted on the overall EB-5 program requirements, investment landscape, and EB-5 project fraud profiles. We also provided legal support in Chinese and English to help Attorney R.E. form the investors into a group to coordinate their litigation strategy. Later, we retained and oversaw the work of Forensic Accounting to Unravel the Developer’s Uses of Investor Funds. We advised on the immigration aspects of a settlement between the investors and the developer.