Is there a refund of the investment if an EB-5 petition is denied?

In the EB-5 program, capital is placed under the ‘at risk’ principle: the funds must be genuinely exposed to the risks of the enterprise. For this reason, if the petition is denied, there is no guarantee of an automatic refund of the invested amount.

This characteristic is inherent to the very nature of the program, which ties the investment to job creation. The money is put into a real business, subject to the risks of any commercial venture, and is not simply held in reserve while awaiting a decision.

What may vary are the contractual terms agreed upon with the project or the regional center. Some agreements include clauses that address the return of capital under certain circumstances, but this is not a general rule and depends entirely on what was negotiated between the parties.

Before investing, read and understand all the clauses, especially those addressing the return of capital, and seek specialized guidance and official sources such as USCIS, being wary of any promises of guaranteed outcomes.

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.