Can I use a third-party loan secured by my property for EB-5?

In EB-5, invested capital must come from a lawful source and be genuinely at risk (meaning subject to the fluctuations of the business, with no guarantee of repayment). This financial commitment is exactly what the program is designed to demonstrate.

Using a loan secured by your property is not automatically prohibited, but it requires caution. When there is an obligation to repay the amount regardless of the investment’s performance, questions may arise about whether that capital is truly ‘at risk’, which is a central requirement of the program.

• Capital must have a lawful and documentable origin.
• Borrowed capital may be accepted, depending on the structure.
• Guarantees that ensure repayment may undermine the required risk element.

Because the loan structure and guarantee conditions influence how immigration authorities assess the case, it is advisable to arrange the financing with specialized support and verify the current rules at the official source (USCIS) before making a decision.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.