If the EB-5 project our clients invest in goes bankrupt, does that mean that they can no longer get a green card through this petition?
If the EB-5 project our clients invest in goes bankrupt, does that mean that in addition to potentially losing their capital investment, they can no longer get a green card through this petition?
Answers
It depends. The most important criterion here is whether the job-creating enterprise (JCE) created the requisite 10+ jobs per investor that could be attributable to their investment. For example, if the JCE filled all of the jobs and deployed all of the funds on the project, then your clients should have no issue. If either the JCE did not fill all of the requisite jobs, or if they did not deploy all of the funds, then your clients might have an issue unless their attorney could argue that their funds went into the project and those specific funds created the requisite ten jobs attributable to them.
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