Are you dealing with any of these?
The project never starts, and the center says to wait
You invested years ago and the site shows no progress, or the project stopped long ago. Every answer is that they are waiting on a loan or a permit, and you want to know where your money is.
You can't see where the money went
The center will not tell you which account your funds went into, who received them, or what they were used for. You want to know what rights you have to demand that information.
What you were told doesn't match the documents
The person who pitched the project said a green card was guaranteed, your principal was safe, or you could get a refund anytime. The subscription agreement and offering memorandum say nothing of the kind, or say the opposite.
The regional center was terminated, or someone was sued by the government
You received a USCIS notice that the regional center or project you invested in has been terminated. You are worried about your status and your money and are not sure which to handle first.
The I-829 deadline is close, but the project has gone wrong
You hold conditional residence and the two-year mark is approaching, but the project did not create the jobs it promised or the money was diverted. You are not sure how a lawsuit and the I-829 fit together.
They want more money before they will deal with you
The other side asks for extra fees, a fresh investment, or new signed papers before agreeing to move forward or pay anything back. You are not sure whether doing that makes things worse.
What we handle in EB-5 disputes
We handle the money-recovery side. The immigration filings themselves stay with your immigration attorney; we coordinate timelines with them and check the effect of any settlement terms on your immigration case before you sign.
Reviewing the investment documents
Subscription agreement, limited partnership agreement, offering memorandum, business plan, escrow agreement, and side letters, compared one by one against what you were told, with attention to arbitration, forum, and governing-law clauses.
Tracing the money
We organize your transfer records, request the regional center's annual statement to USCIS and the account information you are entitled to, and bring in an accountant when needed to see whether funds were diverted or undisclosed fees were taken.
Demand letters and negotiation
We send a written demand to the regional center, developer, or other parties and negotiate a refund, a payment schedule, or another resolution, with mediation if both sides are willing. Many matters start here.
Fraud and breach claims in court or arbitration
Against the regional center, developer, promoters, and agents, we pursue fraud, misrepresentation, breach of fiduciary duty, and breach of contract in court or in arbitration, as the investment documents require.
Securities law claims
EB-5 interests are usually securities. We evaluate claims under federal securities law and the California Corporate Securities Law, including rescission and return of the investment based on misstatements in the sale.
Coordinating the immigration timeline
We put the I-829 deadline, any USCIS notice response period, and litigation milestones on one calendar, confirm each step with your immigration attorney, and have settlement terms reviewed from the immigration side before signing.
Multiple investors and government cases
A project usually has many investors. We assess whether acting together makes sense, whether the SEC or another agency is already involved, and whether your claim has to go through a receiver or another process.
Cross-border service and enforcement
Where the other side is in China, Hong Kong, or elsewhere, we look first at jurisdiction, how service can be made, and whether a judgment or award could actually be enforced, then decide where and against whom to bring the claim.
Key rules in EB-5 investment disputes
These are general rules. Which ones apply depends on when you invested, what you signed, and where your immigration case stands.
- A failed project is not automatically fraud：EB-5 requires that your capital be at risk. Under the immigration statute, capital invested with a guaranteed return, or with a contractual right to repayment such as a mandatory redemption or put option, generally does not qualify. So a project that lost money or was never finished is not enough by itself. To recover your investment you generally need to show misrepresentation, concealment, misuse of funds, or breach of contract or fiduciary duty.
- What the 2022 reform law gives investors：The EB-5 Reform and Integrity Act (in effect since March 15, 2022) requires each new commercial enterprise to keep every investor's funds in a separate account, with an independent fund administrator who co-signs on the account, checks each transfer, and periodically gives investors account information. A regional center must give you a copy of its annual statement to USCIS within 30 days of your request, and USCIS can suspend or terminate a center for securities-law violations or false statements. These rules mainly bind the regional center and are enforced by USCIS. The text does not say you can use them to demand your money back directly, so recovery still rests on fraud, contract, and securities claims. Which rules apply to you depends on when you invested and filed.
- Securities claims and their deadlines：The reform law states that the United States has jurisdiction over securities sold by a regional center or its associated parties. A federal securities fraud claim (Rule 10b-5) generally must be brought within 2 years after discovery and no later than 5 years after the violation (28 U.S.C. § 1658(b)). California Corporations Code section 25501 allows rescission for misstatements in a sale, and section 25506(b) sets the deadline at 5 years after the violation or 2 years after discovery, whichever expires first. The 5-year outer limit generally does not extend just because you did not find out.
- Deadlines for fraud, contract, and fiduciary claims：In California, fraud claims are generally 3 years from discovery of the facts (Code of Civil Procedure section 338(d)); written contract claims are generally 4 years (section 337); breach of fiduciary duty is generally 4 years, or usually 3 if based on fraud (sections 343 and 338(d)). When the clock starts depends on when you discovered, or should have discovered, the problem, so do not assume you still have time.
- Arbitration, forum, and governing-law clauses：EB-5 subscription and partnership agreements often require arbitration, or a court in a particular state or country, under that place's law. These clauses decide where the case is heard and can affect deadlines and available claims. Where the other side is in mainland China, service generally goes through the Hague Service Convention and takes time. That is why we read these clauses first.
- The I-829 clock does not pause for a lawsuit：A conditional resident must file the I-829 within the 90 days before the second anniversary of conditional residence (8 CFR 216.6), and a late filing is accepted only for good cause and extenuating circumstances. The filing must show you invested in good faith and kept the investment in place throughout the two years. Suing does not stop that clock, so the lawsuit and the immigration case have to be scheduled together with your immigration attorney.
- Protection for good-faith investors after a termination：When a regional center is terminated, a good-faith investor's approved I-526E and conditional residence generally stay valid, but within 180 days after USCIS notifies you, the project must be associated with an approved regional center or you must make another qualifying investment, or the status is terminated. Your priority date is kept. USCIS may also treat money you recover from claims against third parties as your investment capital. Someone who knowingly took part in the conduct that led to the termination is not protected. If anyone proposes a refund before your case is resolved, ask your immigration attorney first, since taking money back can affect your case.
How an EB-5 recovery matter moves forward
First conversation
By phone or WeChat we go over when you invested, how much, the current state of the project, where your I-526E and I-829 stand, and whether anyone gave you a promise of a refund or a guarantee. We explain the fee options before you sign anything.
Gathering documents and tracing the money
We collect the subscription agreement, partnership agreement, offering memorandum, transfer records, and chat messages, translate them and build a timeline, request the annual statement and account information from the regional center, and confirm all immigration deadlines with your immigration attorney.
Deciding the claims and sending a demand
We decide what can be claimed and against whom, send a written demand and negotiate, and arrange mediation if both sides are willing. We also check whether the other side can actually pay.
Lawsuit or arbitration
If talks fail or funds are being moved, we file suit or arbitration as the documents require and, when needed, ask the court to preserve assets. We track every deadline, including I-829 milestones, and send written updates every two weeks.
Settlement or hearing, then enforcement
A settlement states the payment amount and timing and whether any of your investment is being returned, and those terms get an immigration review before you sign. If it doesn't settle, we prepare for trial or the arbitration hearing and help enforce the result.
How we charge
Hourly
For disputes whose path is uncertain or likely to run through long litigation or arbitration. Your rate and a cost estimate are given in writing beforehand, and you receive an itemized invoice each month.
Fixed fee by stage
For defined work such as reviewing the investment documents, drafting a demand letter, a complaint, or a specific motion. Each stage's fee is set in the engagement agreement in advance.
- The fee model, rates, and scope of work are confirmed in writing before you sign the engagement agreement, and you can ask about any term.
- Court and arbitration fees, service costs (including service abroad), forensic accountants, and translation or notarization are usually separate and disclosed in advance.
- No recovery of your investment can be promised. Whether the other side can be ordered to pay your attorney's fees depends on statute or contract and cannot be promised in advance.
Frequently asked questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
