EB-5 Program requires a “Risk of Loss” of the EB-5 Investment.

The EB-5 Program requires that the EB-5 investment include elements of "risk."  Specifically, the EB-5 Investor must have a:

  • Risk of gain and a
  • Risk of loss of the entire EB-5 investment.  

It is against US law for an EB-5 Investor to be guaranteed the return of, or return on, his or her EB-5 investment.  Having a risk of loss of the investment is a requirement of the EB-5 program.

Please note: the EB-5 program does allow a Job Creating Enterprise (often a borrower of EB-5 funds) to guarantee the return of a loan to a New Commercial Enterprise (often a lender of EB-5 funds).  This loan model structure, with a guarantee of repayment from a borrower of EB-5 funds to a lender of EB-5 funds, is acceptable, and is different from a guarantee of repayment to the EB-5 Investor.

If you learn of an EB-5 investment which "guarantees" the return of the EB-5 Investor's investment, please inform USCIS at USCIS.ImmigrantInvestorProgram@uscis.dhs.gov.