Can I finance part of the investment and invest only US$400,000 of my own funds?

The EB-5 program requires the investor to put their capital “at risk” in a venture, meaning the invested funds must be subject to real gains and losses during the project period. Therefore, it is important that the invested funds come from personal resources – or at least from sources that strictly meet the “at risk” criteria established by USCIS (United States Citizenship and Immigration Services).

In general terms, EB-5 regulations stipulate that the entire investment must come from funds directly controlled by the investor. Thus, using part financing or loans to cover the difference, relying on only US$400,000 of personal funds, may not meet the requirement that the amounts be “truly at risk.”

Financed amounts, even if they reach the necessary sum to complete the investment, are usually not considered personal funds for program purposes, since the origin and control of these funds are subject to repayment agreements and guarantees that may hinder the full commitment of the capital.

In addition, it is essential that any capital structure involving third-party funds undergo a thorough review to ensure full compliance with EB-5 legal requirements. An inadequate solution may result in inquiries by immigration authorities.

Therefore, when organizing your investment, it is advisable to consult specialized professionals and companies with proven expertise in structuring EB-5 projects, always prioritizing strict compliance with U.S. immigration laws. Remember that following legal guidelines is essential to avoid future problems and possible negative implications in the process.

Be wary of offers and marketing campaigns promising shortcuts or approval guarantees, as they may mask structures that do not meet the standards required by U.S. authorities.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.