The EB-5 Visa investment must be at risk
The EB-5 Visa applicant’s capital investment must be truly at risk and not simply a loan.
There can be no guarantees on an EB-5 Visa Investment, the investment must be 'at-risk' as per federal guidelines. There can be no mention of redemption rights or guarantees.
Guarantees of return of any capital are strictly prohibited, and if given negate the ‘at risk’ requirement of the EB-5 law and the investors petition will be denied. The entire capital must be at risk and therefore reserve accounts are also not allowed.