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[Q] Can a regional center contain a provison stating it will return the fund to investor in the event of I-829 denial?


Unfortunately no. USCIS recently ruled that this blanket provision stating the return of the money in the event of I-829 denial is not allowed. The rationale for this is that if this was allowed, there would be almost no risk for EB-5 investors. We can tell you that if this was allowed, many regional centers would accommodate such provision, but it's not allowed, so that's that. Also, practically speaking, it's hard to return the investor's money once the money has been invested into a EB-5 project towards the job-creation activities.