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Questions and Answers > EB-5 Investments

When does an EB-5 project usually begin making interest payments its investors?

Can investors take these payments before they obtain green cards?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Each 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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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    This would be dependent on the agreement you have with your investment entity.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Every project is different but most have some quarterly or annual dividends during the process. This is fine.

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    Ying Lu

    Immigration Attorney
    Answered on

    The 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.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It depends on the project. You need to look at the subscription and other agreements you signed.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Interest 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.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Projects 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.