Occasionally, an EB-5 investor changes their mind about pursuing the EB-5 visa. Or, they have been able to receive a green card through marriage to a U.S. citizen or another visa category, such as EB-1 or EB-2.
While the EB-5 investor may notify USCIS of their intent to withdraw their EB-5 petition, they are unable to withdraw their EB-5 capital before the end of the 5-year term.
There are two main reasons for this: (1) EB-5 has an at-risk requirement that does not allow guaranteed redemption or withdrawal mechanisms without jeopardizing green card eligibility; and (2) EB-5 funds have already been invested in job-creating activities. Until the project is completed and repays the EB-5 funds, it is difficult to pull funds out of project mid-development without disrupting the project and other EB-5 investor's green card eligibility.