How long must an EB-5 investment be at risk for? Is there a set time for the at risk requirement?
Answers
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyYour investment must be sustained until getting the I-829 approved and obtaining full lawful permanent residency.
Barbara Suri
Find an EB-5 Visa Lawyer: Immigration AttorneyThe “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.
John J Downey
Find an EB-5 Visa Lawyer: Immigration AttorneyDuring the two year period of conditional residency.
Debbie Klis
Securities AttorneysYour 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.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyGenerally, 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.
Vaughan de Kirby
Find an EB-5 Visa Lawyer: Immigration AttorneyAt a minimum, until your I-829 is approved - most regional center investments are for five to six years.
Raymond Lahoud
Find an EB-5 Visa Lawyer: Immigration AttorneyIt has to meet the conditional period, and meet the other requirements for job creation and the like.
Jinhee Wilde
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 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.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 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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