- Who is eligible to receive immigration benefits from my EB-5 investment?
- How does EB-5 work when investing through a Regional Center?
- What is EB-5?
- What are the protections and guarantees in Behring Regional Center EB-5 projects?
- Can I travel outside the US for extended periods after I get my green card?
- Can I include my family members on my EB-5 visa petition?
- When can I apply for US citizenship?
- Is EB-5 a passive investment?
- How long must I remain in the U.S. each year?
- What is a reentry permit?
- Can adopted children immigrate with me on EB-5?
- What is a New Commercial Enterprise?
- Are there any nationality restrictions for EB-5 applicants?
- USCIS requires EB-5 investments to be “at-risk”, so how do your projects have guarantees?
- What are the EB-5 Investment Requirements?
- Can I apply if I've been rejected or terminated in the past by USCIS for a different visa application?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the I-526 Petition?
- What is the USCIS background check?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- What is an I-829 Petition?
- What is a I-485 Petition
- Accredited Investor
- Partial Payments
- Source of Funds
- Can I use a loan for EB-5?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift for EB-5?
- Can I Use 401(k) funds for EB-5 investment?
- I don't have $800K in cash. What are my options?
- What is the Source of Funds Report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
- Regional Center
- Targeted Employment Area
- Job Creation
- EB-2 / EB-3
USCIS requires EB-5 investments to be “at-risk”, so how do your projects have guarantees?
EB-5 rules allow a direct guarantee from the new commercial enterprise (or job creating entity) to the EB-5 investor in the event of I-526 petition denial.
The at-risk requirement means the EB-5 investor’s capital must be fully invested in job-creating activities with a risk of loss and a chance for gain. The NCE cannot provide a guaranteed return of or on the capital at a fixed date or a fixed amount.
EB-5 rules allow indirect guarantees between the NCE and the JCE or other third parties. Here, the NCE receives guarantees often seen in non-EB5 projects to mitigate commercial risk, rather than the EB-5 investor directly. These guarantees, such as a construction completion guarantee, helps to ensure the project is completed successfully to satisfy the EB-5 investors’ job creation requirements and to return the EB-5 capital.
The at-risk requirement does not mean the EB-5 investor must make a risky investment.