Can I use third-party loans secured by my property?

The EB-5 visa is an immigration program that requires the investor to contribute a significant amount of capital – which must be ‘at risk’ – in a qualified enterprise. This requirement aims to demonstrate the investor’s financial commitment and ensure that the funds are subject to the business’s fluctuations, without guarantees of repayment.

Regarding the use of third-party loans secured by your property, it is important to emphasize that the funds comprising the invested capital in the EB-5 must come from a lawful source and be subject to the investment’s risks. When you use a loan secured by your property, there is generally an obligation to repay that amount regardless of the investment’s performance. This obligation can raise questions about the characterization of the funds as ‘at risk’, i.e., effectively exposed to the enterprise’s risks, an essential requirement for the program.

Each situation has its particularities, and both the loan structure and the conditions of the guarantee may influence the analysis performed by the American immigration authorities. Therefore, although in some circumstances, the use of borrowed capital is considered, it is very crucial that all financing be carefully assessed to ensure that there are no obligations that could compromise the truthfulness of the financial risk required by the EB-5.

Considering the complexity of the rules and the strict criteria applied by the United States government, it is always advisable to seek detailed information from specialized professionals and companies with expertise in immigration and the EB-5 program. This approach helps to avoid risks, scams, and misleading campaigns promising easy solutions, ensuring that all procedures strictly follow American immigration laws.

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.