EB-5 Issue
Investment and Securities > Repayment
Issues in repayment of EB-5 investment capital and investor-regional center relations
What We’re Fighting For
Repayment in EB-5 is an important aspect of the EB-5 program that affects the investors’ goals and expectations. Repayment indicates the success and viability of the EB-5 project and the regional center, helps the investors achieve their financial and immigration goals, and reduces the risk and uncertainty for the investors and the regional center. Therefore, repayment is a key factor that the investors should consider when choosing an EB-5 project and a regional center.
However repayment of the investor’s capital is not easy and comes with a lot of risk.
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Investment and Securities News & Articles
AIIA Holds Second Meeting with CIS Ombudsman’s Office
AIIA’s second meeting with the Citizenship and Immigrant Services Ombudsman (CISOMB) covered topics such as the sustainment period, aging out, source and path of funds issues, as well as transparency with EB-5 investors regarding petition intake and adjudications.
The Nightmare that is Redeployment
A summary of the EB-5 redeployment issue discussing how EB-5 investors must keep their money invested for a certain amount of time. This can be a problem for investors because the processing time for EB-5 petitions can be very long. AIIA is lobbying for changes to the redeployment policy that would benefit investors.
For EB-5 Stakeholders
Featured Investment and Securities Resources
The Dark Side of EB-5 - A Summary of the Risks Involved
The "at-risk" requirement, redeployment clauses, potential fraud, delayed processing, petition denials, and children aging out.
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EB-5 Investors Have the Right to Sue for Recovery of Their Investment In U.S. Courts
Non-citizens, including EB-5 investors, have strong constitutional rights in the U.S. — including due process and the right to sue — and pursuing litigation generally does not harm immigration outcomes. Investors should understand venue rules, review their contracts, and document any threats or retaliation, as litigation is often the only effective remedy when issuers delay repayment, mismanage funds, or engage in misconduct.
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Securities and Corporate Law vs. Immigration Law in the EB-5 Context
EB-5 investment disputes and immigration outcomes involve separate legal systems, so pursuing litigation against an issuer typically does not harm an investor’s immigration case. Investors should act quickly if they suspect fraud or project issues, since delays can jeopardize both their capital and immigration status.
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Premature Withdrawal from an EB-5 Project
Early EB-5 withdrawals are usually difficult because funds are deployed into the project and must remain “at risk,” but investors may pursue repayment only when contracts are violated or the issuer’s refusal lacks legitimate business justification. Litigation is possible in limited cases, though investors must show strong evidence or risk denial and additional legal costs.
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Preparing for Litigation against an EB-5 Regional Center
Successful EB-5 litigation depends on thorough documentation, so investors should save all records—from contracts to messages—and maintain clear timelines to strengthen any future claims. Foreign-language evidence must be professionally translated, as errors or missing documents can seriously weaken a case.
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How to find a good EB-5 Litigation Attorney
Choose an attorney with EB-5 and litigation experience who is organized, detail-oriented, and avoids making guarantees. You may need a securities or corporate lawyer depending on your case. AIIA can connect you with vetted attorneys.
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Strength in Numbers: Pooled Litigation
Pooling EB-5 litigation can reduce costs, but investors must align on goals, ensure confidentiality rules aren’t violated, and work closely with attorneys to form a unified group. Successful pooled cases require shared interests, strong organization, and a capable leadership team, while all members must be ready for the time, disclosure, and complexity involved.
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Class Action Litigation in EB-5
Class actions let one investor represent all similarly harmed investors, offering greater leverage and typically lower financial risk than pooled lawsuits, but they are far more complex and must meet strict criteria like numerosity, typicality, and superiority. When qualified class-action counsel takes a case on contingency, it often signals strong confidence in the case’s merits.
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Cost of Litigation in EB-5
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Arbitration Realities: What EB-5 Investors Need to Know
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“Privity” in EB-5 Litigation
Learn MoreConnect With A Professional
AIIA has curated a list of the top professionals from attorneys, investment specialists, to business plan writers to support all all EB-5 stakeholders
Directory of Professionals
AIIA has curated a list of the top professionals from attorneys, investment specialists, to business plan writers to support all all EB-5 stakeholders
View Directory of ProfessionalsFrequently Asked Questions
What does “repayment” mean in the EB-5 program?
In the EB-5 program, repayment refers to the return of the investor’s original capital contribution once the investment has met all program requirements—typically after job creation and sustainment obligations are fulfilled. Successful repayment signals that both the EB-5 project and the regional center have been managed effectively and that the investor’s financial and immigration goals are on track.
What makes repayment in EB-5 investments so challenging?
Repayment can be complex due to strict immigration requirements and economic variables. EB-5 rules require capital to remain “at risk” until the investor’s immigration process is complete. Because USCIS processing times can take years, investors often face delays before funds can be legally repaid. Market shifts, project delays, and unclear redeployment rules further complicate repayment timing and security.
How can investors assess repayment risk before choosing an EB-5 project?
Investors should carefully evaluate a project’s exit strategy, review loan terms and repayment schedules, and confirm that the regional center has a strong track record of successful repayments. Independent due diligence and transparency from the project developer are crucial. AIIA encourages investors to prioritize repayment clarity and project accountability when selecting EB-5 opportunities.
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