Yes, and you do not have to fly in
Most EB-5 investors live outside the United States when they invest, and many still do: waiting for a visa, splitting time between two countries, or back home after the project stalled. None of that stops a claim. An EB-5 investment is a security, so the people who sold it and ran it had duties under US securities law, and a US securities lawyer can pursue them for you from wherever you are.
The case itself happens in the United States, in a court, an arbitration or a receivership. You take part from home: documents by secure upload, meetings by video, and an interpreter whenever you want one.
What the first month looks like
The first call is free and usually runs about an hour. Before it, you upload what you have: the offering memorandum, the subscription agreement, the partnership agreement, every update from the regional center, and your messages with whoever sold you the investment.
We read them, tell you plainly whether we see a claim and against whom, and explain the deadline. If you go ahead, we speak with your immigration lawyer before anything is filed, because a claim for your money must not put your petition at risk.
- Week one: upload documents, first video call
- Weeks two to three: our review, and a call with your immigration lawyer
- Week four: a written plan, including what to ask for and when
Time zones and language
Calls are set at a time that works where you are, early morning or evening in Birmingham if that is what it takes. You can write to us in your own language and we will have it translated; you can bring a family member to any call.
The deadline does not wait for you to come back
A federal securities fraud claim must generally be filed within two years of discovering the fraud and no more than five years after the violation, and some claims expire in one year. Living abroad does not pause the clock. If the updates have stopped or you were asked to approve a loan extension, have the documents reviewed now.
Key takeaways
If you remember six things
- An EB-5 investment is a security; US securities law protects you wherever you live.
- The claim can be run remotely, with interpreters and calls set to your time zone.
- Your immigration lawyer and your securities lawyer must plan the claim together.
- Securities fraud deadlines can be as short as one year from discovery.
Questions
Asked most often
Do I have to travel to the United States for the case?
Usually not for the early stages. Documents, meetings and most preparation are done remotely. If a hearing or deposition requires you, it can often be done by video; we tell you well in advance if travel is needed.
Will a lawsuit affect my green card?
It can if it is done carelessly, because EB-5 money generally has to stay at risk while your petition depends on it. That is why the timing and the relief requested are planned with your immigration lawyer before anything is filed.
Can other investors from my project join from their own countries?
Yes. Investors in the same project often bring claims together, wherever each of them lives.