The EB-5 visa requires that all invested capital originates from the investor’s own funds and is actually ‘at risk’ within the enterprise, meaning it is not guaranteed or protected by repayment obligations, as occurs in the case of financing or loans. This means that using mortgage financing to raise the necessary funds may encounter obstacles, since amounts obtained through a mortgage are, by definition, resources acquired from third parties and encumbered with the obligation of repayment.
In practical terms, EB-5 petition officers usually carefully evaluate the origin and nature of the funds. When part of the capital comes from mortgage financing, there is a risk that this money will not be considered ‘at risk’, which may harm meeting the program’s basic requirements. Therefore, it is essential that all investment sources are precisely identified and properly documented to show that the resources used were fully exposed to the inherent risks of the project.
It is important to highlight that United States immigration rules are stringent and that, to avoid future problems, it is essential to follow all applicable laws and seek guidance from specialists with proven experience in the field. There are many marketing campaigns and promises of quick results that may not reflect the reality of the EB-5 process; thus, caution and consultation with specialized professionals are crucial steps to ensure legal compliance and investment security.
Each case has its own nuances, and a detailed analysis of the financial situation and the way the funds were obtained is indispensable. Therefore, thorough research and consultation with reliable sources are recommended, always paying close attention to fully meeting the requirements of the United States immigration authorities.
Learn more about EB-5 Visa
- Type
- Investment Green Card
- Min. investment
- US$ 800,000
- Jobs created
- Minimum 10 (full-time)
- Processing
- 24-48 months
Victoria Harper
Editor-in-Chief
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.