As an EB-5 investor with the required capital, how must you invest it?
Invest means to contribute capital, as that term was defined in an earlier blog. But a contribution of capital in exchange for a note, bond, or any other debt arrangement between the new commercial enterprise and the immigrant investor does NOT constitute a contribution of capital.
And there must be an element of risk. The EB-5 program is seeking to attract individuals from other countries who are willing to put their capital at risk in the U.S. with the hope of a return on investment with the goal of creating U.S. jobs. Any protection against the loss of capital such as a promise to return any portion of the immigrant investor’s minimum required capital negates the element of risk and negates eligibility for the EB-5 immigrant visa.