EB-5 Investors
Investment Support - AIIA
Resources for investors facing capital repayment or fraud issues and are looking for legal avenues to protect their rights
AIIA does not provide legal advice or representation. If you need help with an EB-5 related legal issue, we are happy to refer you to the right experts for your situation. We recommend reading the articles below in this section so that you are better educated.
Most EB-5 cases proceed without issue beyond the inconvenience of long wait times. While no one anticipates the need to litigate, being aware of one’s legal rights in the United States can protect immigrant investors during their EB-5 investment process.
EB-5 investment deals are intentionally structured to be obtuse and offer little protection to the investor in the case of wrongdoing. Additionally, when a party actively undermines the best interest of an investor, litigation is oftentimes complex and long lasting for investors already going through the arduous EB-5 process. However in these cases, AIIA encourages investors to persevere in the face of adversity. Litigation can be a great method for investors to reclaim their agency against negligent or hostile corporate entities actively seeking to defraud or undermine investor protections.
Even the most conservative plans can go awry, which is why AIIA maintains relationships with attorneys who have experience in Securities, Civil or Criminal litigation and have demonstrated track records of getting problematic cases back on track. If you are in need of investment-related support, please contact AIIA for reference to an attorney who will be best suited for your specific case. Investors should also consider refreshing their knowledge on EB-5 project structure before seeking out investment support.
For EB-5 Investors
Resources For Investment Support
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.
Learn More
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.
Learn More
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.
Learn More
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.
Learn More
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.
Learn More
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.
Learn More
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.
Learn More
Cost of Litigation in EB-5
Litigation is expensive, but investors can reduce costs by working together and using attorneys who offer contingency or hybrid fee structures—sometimes supported by third-party litigation funders. While these options lower upfront expenses, they typically require giving up a portion of any recovery, and strong preparation remains critical to winning a case.
Learn More
Arbitration Realities: What EB-5 Investors Need to Know
Most EB-5 investors are bound by mandatory arbitration clauses in their PPMs, requiring disputes to be resolved through forums like AAA or JAMS instead of court. While arbitration can be faster and cheaper, issuers sometimes use high arbitration fees to deter claims, making experienced counsel essential to evaluate whether arbitration is truly required.
Learn More
“Privity” in EB-5 Litigation
EB-5 issuers often design complex structures and narrow “privity” relationships to make litigation difficult, forcing investors into uphill battles and unfavorable jurisdictions like New York or Delaware. Even so, investors can still pursue claims—including derivative suits—when they can show misconduct by parties outside direct privity, backed by strong contract-based evidence.
Learn More
The Redeployment Conundrum
Redeployment litigation arises when NCE managers reinvest EB-5 funds without proper judgment, exposing investors to unnecessary risk despite broad contractual discretion. Investors may have claims—especially when managers act in bad faith, conduct poor due diligence, or force redeployment decisions that jeopardize immigration or financial outcomes.
Learn More
Filing Complaints with the SEC and other Options
Investors can pursue alternatives to full litigation, such as SEC complaints or tips, inspecting LP/LLC records, or challenging unreasonable contract clauses. Withdrawals may occur at a discount, and brokers or agents may also be liable. Attorney guidance is crucial to protect both investment and immigration interests.
Learn MoreEB-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.
Learn MoreSecurities 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.
Learn MorePremature 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.
Learn MorePreparing 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.
Learn MoreHow 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.
Learn MoreStrength 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.
Learn MoreClass 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.
Learn MoreCost of Litigation in EB-5
Litigation is expensive, but investors can reduce costs by working together and using attorneys who offer contingency or hybrid fee structures—sometimes supported by third-party litigation funders. While these options lower upfront expenses, they typically require giving up a portion of any recovery, and strong preparation remains critical to winning a case.
Learn MoreArbitration Realities: What EB-5 Investors Need to Know
Most EB-5 investors are bound by mandatory arbitration clauses in their PPMs, requiring disputes to be resolved through forums like AAA or JAMS instead of court. While arbitration can be faster and cheaper, issuers sometimes use high arbitration fees to deter claims, making experienced counsel essential to evaluate whether arbitration is truly required.
Learn More“Privity” in EB-5 Litigation
EB-5 issuers often design complex structures and narrow “privity” relationships to make litigation difficult, forcing investors into uphill battles and unfavorable jurisdictions like New York or Delaware. Even so, investors can still pursue claims—including derivative suits—when they can show misconduct by parties outside direct privity, backed by strong contract-based evidence.
Learn MoreThe Redeployment Conundrum
Redeployment litigation arises when NCE managers reinvest EB-5 funds without proper judgment, exposing investors to unnecessary risk despite broad contractual discretion. Investors may have claims—especially when managers act in bad faith, conduct poor due diligence, or force redeployment decisions that jeopardize immigration or financial outcomes.
Learn MoreFiling Complaints with the SEC and other Options
Investors can pursue alternatives to full litigation, such as SEC complaints or tips, inspecting LP/LLC records, or challenging unreasonable contract clauses. Withdrawals may occur at a discount, and brokers or agents may also be liable. Attorney guidance is crucial to protect both investment and immigration interests.
Learn MoreDirectory of Professionals
AIIA has curated a list of the top professionals from attorneys, investment specialists, to business plan writers to support all EB-5 stakeholders.
View Directory of ProfessionalsConnect 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
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