Free EB-5 Project Evaluation What options does an EB-5 investor have if the project fails at some point in the EB-5 process?

If a project fails prior to I-526 Petition approval, the investor will be unable to meet the requirements of the EB-5 Program—particularly sustaining the investment during conditional residency and creating 10 or more job positions. The only viable option in such cases is to re-file based on an investment in a different project. If a project fails sometime after I-526 approval but before I-829 Petition approval, it may still be possible to successfully remove conditions depending on the timing and if sufficient job creation can be demonstrated. After I-829 approval, the success or failure of a project will have no bearing on an EB-5 investor.