How safe can the EB 5 visa investment be? - EB5Investors.com

How safe can the EB 5 visa investment be?

I understand that an EB-5 investment has to be “at risk,” but what exactly does “at risk” mean? What are some ways in which an EB-5 investment would violate this at risk requirement?

Answers

Ed Beshara

Ed Beshara

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The EB-5 investment amount has to be at risk of losing the entire amount. If the agreements signed by the EB-5 investor state any portion of the investment amount will be a guaranteed return to the investor, then the EB-5 project and the EB-5 investor's petition I-526 may be denied.

Salvatore Picataggio

Salvatore Picataggio

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Immigration policy requires funds to be at risk of loss and have the opportunity for financial gain as well. The amount of risk is not part of the immigration requirements, but your immigration attorney should be able to refer you to an investment advisor knowledgeable in EB-5 to help with investment questions.

Richard A Gump, Jr

Richard A Gump, Jr

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"At risk" means that the investor could lose all funds if the business is not successful. Clauses in a purchase agreement that allows the investment to be kept in escrow or a payback agreement if revenues do not meet a certain level are examples of an investment not being at risk.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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If there are guaranteed returns, then it is not sufficiently at risk. There is no clearly defined level of risk, so many seeks collateral for loans.

John J Downey

John J Downey

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Basically, "at risk" means that you have no "guarantee" that you would receive any return on your investment or that you could not lose the investment should the project fail.

Raymond Lahoud

Raymond Lahoud

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There really are no defining "at risk" conditions. Nonetheless, there can be no guarantee of recovering any of the investment.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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Being "at risk" means that the entire investment can be lost. There are various ways that the EB-5 investment can violate the at risk requirement; for instance any investment agreement that guarantees the return of EB-5 investment funds is a violation. Also, any investment that appears as if the investment is not an investment at risk, but a loan with a guarantee will be a violation. Along the same line, any investment that is made to appear as if any part of the fund rather than the whole fund is not at risk is unacceptable and will be a violation.

BoBi Ahn

BoBi Ahn

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For EB-5 purposes, "invested funds at risk" means that the investment must be on "real" terms, with no guarantees of return of the initial capital.

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