Avoid a Denial When a Regional Center Fails to Provide Needed Documents for EB-5 Immigrant Investors

If the regional center you have invested through is not providing the documents you need for your I-829 filing, to answer a Request for Evidence (RFE) or respond to a Notice of Intent to Deny (NOID), there are strategies to ensure their compliance within a set timeframe.

First, based on your partnership or LLC agreement, you could make a request for books and records under the applicable state law. If made for a valid reason, these requests can compel the regional center’s management to provide the required documents. Certain state laws may also allow you to recover attorney fees from defendants under specific conditions if the need for enforcement arises.

If your initial demand for books and records is unsuccessful, you should consider filing a lawsuit that includes a preliminary injunction to compel the production of necessary documents. As far as lawsuits go, these cases can be done on a compressed timeline. However, if you suspect that your project is delaying the delivery of necessary documents, it’s best not to wait until the last minute to take action. The earlier you commence the strategies outlined above, the more successful they are likely to be.