EB-5 Issue
投资者在 EB-5 投资过程中遇到的问题及其他证券问题
The reform of EB-5 securities law is crucial for safeguarding the interests of EB-5 investors and fostering a more transparent and secure investment environment. One of the key issues that necessitate reform is the concept of sustainment periods. The current regulations impose stringent requirements on EB-5 investors to sustain their investment for a specified period, often hindering their ability to navigate changing circumstances or market conditions. Reforming sustainment periods can provide investors with greater flexibility, allowing them to adapt their investments to evolving economic landscapes without compromising their eligibility for permanent residency.
Redeployment is another significant concern within the EB-5 program. The current regulations lack clarity on how funds should be redeployed after the initial investment period, leading to potential challenges for investors seeking to meet program requirements. Reforming these securities laws to provide explicit guidance on redeployment practices would offer investors more certainty and prevent undue complications in managing their investments. Clearer guidelines can also contribute to more efficient capital utilization, benefiting both investors and the projects they support.
Repayment issues further underscore the need for reform in EB-5 related securities laws. Ambiguities surrounding the timing and terms of repayment can create uncertainties for investors, impacting their ability to plan and manage their finances effectively. By addressing repayment concerns through comprehensive reform, the EB-5 program can attract more investors and enhance its reputation as a reliable and investor-friendly initiative. Ultimately, a well-reformed regulatory framework would not only protect the interests of EB-5 investors but also contribute to the program’s long-term success and positive impact on the U.S. economy.
Newsroom

AIIA opposed IIUSA’s lawsuit to extend the EB-5 sustainment period, filing an amicus brief that helped secure a ruling from Judge Reyes affirming the RIA’s two-year at-risk rule for post-RIA investors. USCIS will now draft formal regulations, and AIIA plans to mobilize investors during the public comment period to protect this interpretation from industry pushback.

AIIA is opposing an IIUSA lawsuit that could lengthen the EB-5 sustainment period for post-RIA investors, undermining the 2-year rule set by Congress. A recent hearing went poorly for our side, and while current rules remain in effect for now, a settlement or court ruling could revert to harmful pre-RIA timelines, so AIIA is preparing legal and advocacy actions to protect all investors.

On Jan. 28, 2025, a court hearing in IIUSA v. USCIS cast doubt on DHS’s two-year sustainment interpretation, risking a return to pre-RIA rules with longer investment periods and redeployment risks. AIIA is fighting back with legal action and needs your support to protect EB-5 investors.

Read part 2 of our two-part analysis on IIUSA's sustainment lawsuit complaint regarding why we believe their logic is faulty, and what we plan to do to make sure EB-5 investors' rights are protected in the process.

Read part 1 of our two-part analysis on IIUSA's sustainment lawsuit complaint regarding why we believe their logic is faulty, and what we plan to do to make sure EB-5 investors' rights are protected in the process.

Invest in the USA (IIUSA), an organization representing a number of EB-5 regional centers, have just filed a lawsuit against USCIS over this updated sustainment period clarification. We believe that this lawsuit has the potential to gravely undermine the financial interests of EB-5 investors, read this blog to find out why.

In this guide co-written by Vrishin from CapitalWe and AIIA, we explored the different methods which prospective EB-5 investors on H1-B visa can best prepare for their eventual investment.

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 AIIA Team attended their first meeting hosted by the CIS Ombudsman on October 6th, where the team discussed all kinds of issues affecting the EB-5 investor community. Predominantly, delays and stunted processing times for EB-5 petitions are the root of most issues facing immigrant investors, causing dangerously high spikes in the rate of redeployment, petition denials, and aging out.

Xenophobia dominated Florida’s gubernatorial offices when a law to ban investments and property acquisition by citizens of “countries of interest” passed this month. What this bill really signifies is a racist effort to violate the constitutional rights of primarily Chinese immigrants living, working, and investing in the state. AIIA analyzes the risks of future EB-5 investment made in Florida and any negative impacts expected on the investor’s EB-5 journey.

USCIS has provided some information on the re-adjudication of Source of Funds are I-829 stage, but much of it is redacted. The article also focuses on the issue of re-examining the source of funds and path of funds used by investors. AIIA says that this scrutiny can be unfair to investors who used informal methods to transfer funds.

The EB-5 Reform and Integrity Act (RIA) introduced changes, but the impact on investors, particularly pre-RIA investors, remains unclear. AIIA raises questions about investment period, sustainment requirements, and the effect of regional center terminations.
Select any of the issues before to access resources, news articles, and blog posts about that issue.
面向 EB-5 利益相关者

The "at-risk" requirement, redeployment clauses, potential fraud, delayed processing, petition denials, and children aging out.
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包括 EB-5 投资者在内的非公民在美国拥有强大的宪法权利--包括正当程序和起诉权--而且提起诉讼一般不会损害移民结果。投资者应了解诉讼地规则,审查合同,并记录任何威胁或报复行为,因为当发行人拖延还款、资金管理不善或有不当行为时,诉讼往往是唯一有效的补救措施。
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EB-5 投资纠纷和移民结果涉及不同的法律体系,因此对发行人提起诉讼通常不会损害投资者的移民案件。如果投资者怀疑存在欺诈或项目问题,应迅速采取行动,因为拖延会危及他们的资金和移民身份。
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提前提取 EB-5 资金通常比较困难,因为资金已投入到项目中,必须保持 "风险",但只有在违反合同或发行人的拒绝缺乏合法商业理由的情况下,投资者才可要求还款。在有限的情况下可以提起诉讼,但投资者必须拿出有力的证据,否则就有可能被拒绝并承担额外的法律费用。
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成功的 EB-5 诉讼取决于详尽的文件记录,因此投资者应保存所有记录--从合同到信息,并保持清晰的时间表,以加强未来的索赔。外语证据必须经过专业翻译,因为错误或缺失的文件会严重削弱案件的效力。
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选择一位具有 EB-5 和诉讼经验的律师,他要有条理、注重细节并避免做出保证。根据您的案件,您可能需要一名证券或公司律师。AIIA 可以为您联系经过审核的律师。
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汇集 EB-5 诉讼可以降低成本,但投资者必须在目标上保持一致,确保不违反保密规则,并与律师密切合作以形成一个统一的团体。成功的集合案件需要共同的利益、强大的组织和有能力的领导团队,同时所有成员都必须为所涉及的时间、信息披露和复杂性做好准备。
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集体诉讼让一名投资者代表所有受到类似损害的投资者,与集中诉讼相比,集体诉讼的杠杆作用更大,财务风险通常更低,但集体诉讼也要复杂得多,必须满足严格的标准,如数量、典型性和优越性。当合格的集体诉讼律师以应急方式接手案件时,往往意味着对案件的是非曲直有很强的信心。
了解更多AIIA has curated a list of the top professionals from attorneys, investment specialists, to business plan writers to support all all EB-5 stakeholders
AIIA has curated a list of the top professionals from attorneys, investment specialists, to business plan writers to support all all EB-5 stakeholders
查看专业人员名录The sustainment period refers to the minimum time EB-5 investors must keep their capital invested in a qualifying project to maintain immigration eligibility. Current rules often lack flexibility, forcing investors to keep funds tied up in projects longer than anticipated, even when circumstances change. AIIA advocates for a more adaptable and investor-friendly sustainment period that reflects economic realities while still meeting program goals.
Redeployment occurs when an investor’s EB-5 funds are reinvested into a new project after the original project concludes, often due to USCIS’s long processing time and visa backlogs. However, current guidance on redeployment is vague and inconsistent, leaving investors uncertain about what qualifies as compliant reinvestment. AIIA advocates for clear, written rules on redeployment to prevent confusion and ensure funds are used responsibly and transparently.
Ambiguities around when and how investors can be repaid after meeting EB-5 requirements create uncertainty and financial stress. Some investors face long delays in receiving returns or encounter unclear terms that make planning difficult. Reforming repayment guidelines would ensure predictable, fair, and transparent repayment processes, giving investors the confidence needed to participate in the program.
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