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If an EB-5 project fails, can an investor keep his/her priority date?

If an EB-5 project fails before an investor receives I-829 approval, he/she will not be able to remove conditions based on the same I-526 Petition, and so the only option within the EB-5 Program would be to file a new I-526 Petition based on an investment in a new project. The priority date established by the earlier I-526 Petition is not transferable. Depending on the circumstances, it may make sense for the investor to contact USCIS to see if there is a way to keep the earlier priority date—but there is no guarantee USCIS will have a solution.