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A provision to refund the investment amount in the event of I-829 denial?
No, USCIS recently made it clear through an official statement that this kind of arrangement will be deemed to violate EB-5 law. The released statement reads:
If your clients have pending I-526s at a USCIS Service Center or have had approved I-526s returned by NVC that contain subscription agreements that promise to return their investment if their I-829 is denied then the subscription agreement needs to be amended. That wording has been deemed to constitute a redemption agreement and such an agreement is prohibited.
The above statement makes it clear that such provision will be deemed to constitute a redemption agreement and will be prohibited.