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What does it mean that an EB-5 investment must be ‘at risk’?

The EB-5 program requires that the EB-5 investor make an “at-risk” investment, which means there must be a risk of loss and a chance for gain. The investment must not contain any right of redemption of capital, meaning an investor must not have any payment guarantees or the ability to redeem their investment amount at their discretion.
Just because the EB-5 program requires that the investment be “at-risk” does not mean it has to be “risky.” Investors should perform thorough due diligence during their project selection with the main considerations being the likelihood of obtaining a green card and a return of their capital.

Related Frequently Asked Questions

Where can I find a copy of the relevant EB-5 law and regulations to review?
The USCIS website ( www.uscis.gov/eb-5 ) has information about the EB-5 program laws, regulations, and policy....
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What is meant by the requirement that the investor’s assets be “lawfully gained”?
Under USCIS regulations, the investor must demonstrate that his assets were gained in a lawful manner. This requires the investor to prove his investment were...
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Do I have to live or work in a certain part of the United States?
You are allowed the freedom to work and live anywhere you choose in the United States under the EB-5 program....
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