If the project fails, can I invest in another one to keep my EB-5?

In some cases, yes. If the initial EB-5 project fails or cannot meet the program requirements, it may be possible to reinvest in another venture in an attempt to preserve your place in the program. However, this transition is neither automatic nor guaranteed.

The program requires that the capital remain at risk (‘at risk’) and that it create the required jobs. Precisely because the investment is at risk, a failure does not always end the process, but every project change goes through review and must fully satisfy all criteria.

The new venture must meet the same EB-5 requirements, especially regarding capital at risk and actual job creation, under USCIS rules. This is a decision that calls for careful planning and should not be made hastily.

Because the rules on reinvestment and case maintenance have nuances and change over time, confirm the latest guidance from the official source (USCIS) and evaluate your situation with a specialist before switching projects.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.