Can investors take these payments before they obtain green cards?
Answers
Belma Demirovic Chinchoy
Immigration AttorneysProjects have various schedules for payment of returns and investors can receive payments prior to receiving their green cards, assuming business operations warrant issuance of the returns. Any payment of a return must be from profits and cannot be a return of the capital from the investor. Check your LPA and related sub-docs to understand how your investment project plans to pay returns.
Salvatore Picataggio
Immigration AttorneysInterest payments can be paid annually but sometimes they are paid in full at the end of the investment term. It depends on the terms of the particular deal. The terms may also require the approval of the I-526 petition or a further step. The form of the payments are not set by regulation, but only that you must have the opportunity to make gains on the investment.
Bernard P Wolfsdorf
Immigration AttorneysIt depends on the project. You need to look at the subscription and other agreements you signed.
Ying Lu
Immigration AttorneysThe time to pay interest really depends on different projects. Investors can be paid interest based on their investment before they obtain their green card, as long as it does not constitute a redemption.
Lynne Feldman
Immigration AttorneysEvery project is different but most have some quarterly or annual dividends during the process. This is fine.
Vaughan de Kirby
Immigration AttorneysThis would be dependent on the agreement you have with your investment entity.
Fredrick W Voigtmann
Immigration AttorneysEach EB-5 project is unique; interest payments may be made, if at all, depending upon the terms and conditions of the agreements signed between the project and the EB-5 investor, and the financial performance of the project. Interest payments should not affect anything, but a withdrawal of principal would be seen by USCIS as violating the at-risk requirement if it occurs during the sustainment period (two-year conditional period).
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