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EB-5 Fraud and Abuse

Protect Your Investment and Immigration Goals

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Jason Jia
Managing Partner

  • Experienced in advising small to midsize businesses throughout all growth stages

  • Experienced in advising international corporations acquiring assets and companies in the U.S.

  • Name partner at a Wall Street boutique firm, prior to founding Jia Law Group

  • Frequent speaker on cross-border legal issues

  • Previously served on the Board of Advisors for International Leadership Foundation’s New York Chapter

  • Specialize in U.S. corporate, labor and employment and immigration law

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Thomas Kung
Commercial Litigation Partner

  • Represented over 50 plaintiffs in a Fair Labor Standards Act (FLSA) collective action against a Fortune 500 company.

  • Assisted client to settle a $5 million wrongful death case for $25,000 by successfully arguing insurance coverage issues.

  • Facilitated a $40 million settlement in a catastrophic injury case in which our client paid $0 because we successfully argued contractual indemnification.

Featured Legal Team

Understanding EB-5 Program Issues

The EB-5 Immigrant Investor Program offers foreign nationals a pathway to U.S. residency through investment. However, it has been plagued by fraudulent activities that can jeopardize investors' immigration goals and financial investments. Common issues include:

  • Misrepresentation of project details

  • Fraudulent regional centers

  • Misappropriation of funds

  • Failure to meet job creation requirements

How to Identify Fraud at Different Stages?

Before Filing I-526:

  • Conduct thorough due diligence on the project and regional center.

  • Seek advice from legal and financial experts.

 

After Filing I-526:

  • Regularly request project updates.

  • Engage with legal professionals to review progress and compliance


I-485 Petition Stage:

  • Stay informed about the project’s progress and any potential delays.

  • Be proactive in responding to USCIS RFEs and other queries.

  • Ensure that all documentation is complete and accurate.


Conditional Permanent Residence:

  • Monitor the project's compliance with job creation and investment requirements.

  • Keep updated on the project's financial health.


I-829 Petition Stage (Removing Conditions):

  • Gather comprehensive documentation to prove sustained investment.

  • Anticipate and prepare for potential audits by USCIS.

Our Specialization

Our legal team specializes in providing premium services for EB-5 investors, with a focus on fraud prevention, litigation, and comprehensive immigration support. With our extensive experience and proven track record, we help investors navigate the complexities of the EB-5 program, protect their investments, and achieve their immigration goals. Our specialized services include:

  • Litigation Against the Program or Regional Centers: We represent clients in legal actions against fraudulent EB-5 programs or regional centers, ensuring that your rights and investments are protected.

  • Assisting FBI Investigations: We collaborate with federal authorities by forwarding our clients' evidence of EB-5 fraud, contributing to broader enforcement efforts and enhancing your case's credibility.

  • Immigration Litigation: We provide robust defense strategies in immigration court to prevent deportation and safeguard your immigration status, including filing and arguing motions to reopen cases with new evidence or arguments.

  • Freedom of Information Act (FOIA) Requests: We assist in obtaining your immigration records through FOIA requests, ensuring transparency and access to crucial information for your case.

  • Petition and RFE/NOID Responses: We prepare and submit comprehensive responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs), addressing all USCIS concerns to strengthen your application.

  • I-551 (ADIT Stamp) Applications: We handle the process of obtaining the I-551 (ADIT Stamp), providing temporary evidence of lawful permanent resident status while awaiting your green card.

Our dedication to excellence ensures that you receive the highest level of service and support throughout your EB-5 journey. Our comprehensive approach covers every aspect of your case, from initial consultation to final resolution, providing you with peace of mind and confidence in your investment.

For more information or to schedule a consultation, please contact us. We’re here to help you protect your investment and achieve your immigration goals.

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