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How long must an EB-5 investment be at risk for?

How long must an EB-5 investment be at risk for? Is there a set time for the at risk requirement?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your investment must be sustained until getting the I-829 approved and obtaining full lawful permanent residency.

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    Barbara Suri

    Immigration Attorney
    Answered on

    The “at risk” requirement is designed to ensure that an investor is actually investing in the United States, rather than simply loaning money that will be returned at a later date. An investor must be willing to place the investor's funds at risk — including risk of loss. If the investor's return is guaranteed, such as through a municipal bond, it could give the appearance of buying an EB-5 visa. Thus, in my opinion, the funds are “at risk” for the tenure of the investment.

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    John J Downey

    Immigration Attorney
    Answered on

    During the two year period of conditional residency.

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    Debbie Klis

    Securities Attorney
    Answered on

    Your capital contribution must remain "at-risk" until USCIS issues a final decision (called an adjudication) of your I-829. The "at-risk" requirement is critical to establishing that indeed an investment has occurred. Without risk of loss of the investor's capital contribution, it is arguable that the investor did not make an arm's length investment.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, all EB-5 investment fund(s) are always investment at risk. It basically means that there is a chance that, as an investor, you may lose the entire investment. Be aware of this fact and be willing to assume it may happen. Prior to investment, it is advisable to consult an EB-5 attorney before you proceed.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    At a minimum, until your I-829 is approved - most regional center investments are for five to six years.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    It has to meet the conditional period, and meet the other requirements for job creation and the like.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The conservative position is until the I-829 is approved, which could be five to eight years, or longer for some Chinese applicants subject to the waiting line.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The investment should be at risk until the I-829 is approved. In removing the condition, USCIS will look for whether the investment has been made and was maintained, and whether the requisite jobs were created.

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