EB5 INVESTORS M AGAZINE
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for those investors who have not yet obtained conditional
resident status, for example those waiting for their priority
date to become current, USCIS’ decision to terminate a
regional center effectively ends their EB-5 immigration
process. Consequently, they lose their place in the queue of
visa numbers (and also probably have a child “age out” of
eligibility). They lose thousands of dollars in fees, as well
as the potential loss of the initial $500,000 investment, all
because their regional center messed up.
A DIFFERENT SITUATION
ONCE AN INVESTOR
HAVE CONDITIONAL RESIDENCY
In contrast, the Policy Manual specifically states that
termination of a regional center after an investor have
already obtained conditional residency does not affect an
I-829, even for claiming indirect job creation. Thus, for
the investors who were admitted as conditional residents
before their sponsoring regional center was terminated,
this is a generous interpretation of the existing regulation.
While it is cruel to the investor of a terminated regional
center before he was admitted under conditional
residency, the scenario highlights the ultimate reason
for careful deliberation when choosing a regional center
and project. That kind of decision should be based
on the actual track record of the center or the details
of the actual project. It should not be based on the
recommendations of migration agents or brokers who
may be motivated by commissions or finder’s fees.
SEC and FINRA Regulatory Defense
J inhee W ilde
is the founding partner of WA Law Group LLC,
a Maryland-based immigration law firm focusing on business
and investment immigration. Wilde became a lawyer 34 years
ago, first as a prosecutor for the city of Chicago and then as a
special counsel and attorney advisor for USDA. After leaving
the government sector, she began focusing on immigration law,
bringing diverse legal experience to help U.S. businesses. Wilde
received her bachelor’s degree from the University of Chicago and
juris doctor from the Loyola University Chicago School of Law.
Sources
1
See 8 CFR 204.6(j), 8 CFR 204.6(m)(7)
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