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L'ASSOMPTION · EB-5 FIELD GUIDE

Should I commit all project funds before reviewing the earlier refusal?

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THE DIRECT ANSWER

Understand the prior decision’s potential effect and the actual financial commitments before relying on a viable immigration plan. This page does not determine whether a particular case can proceed. Spend on the assessment before spending on the project. A record request, a review of the earlier decision and an opinion on its effect cost a fraction of a subscription and are recoverable in the sense that they change what you do next. Subscription capital is not recoverable in that sense, because it is required to be at risk.

Separate case assessment from payment assumptions

Review project terms and current official fees without assuming a refusal produces a refund or that a larger investment resolves the issue. Any proposed remedy needs its own eligibility and process analysis, not a payment promise. Read the offering documents for what they say about failure, not only about return.

Ask when funds leave escrow, what triggers that release, whether a refusal to the investor changes anything, and who decides. Those terms vary between projects and are the sponsor’s to disclose; a summary presentation is not the agreement. Government charges arise at several separate steps and change over time, so confirm the current amount at each step from the official source rather than budgeting once at the start.

Set aside a figure for the work that continues after approval as well, since conditional residence has to be followed by a petition to remove conditions, and that filing has its own evidentiary requirements.