compliance

The "at-risk" requirement

速览

Your $800K must remain "at risk" — exposed to both gain and loss — through the conditional residence period. No guaranteed returns, no pre-arranged buybacks.

USCIS has consistently rejected EB-5 structures with guaranteed redemption rights, pre-set return schedules, or risk-free returns. The investment must be a genuine equity participation with both upside and downside exposure.

•No guaranteed buyback at a fixed price before I-829 approval
•No fixed-return debt-like structures that don't expose capital to project risk
•Subordinated loans to the Job-Creating Entity (JCE) from the New Commercial Enterprise (NCE) are common and accepted, provided NCE has real loss exposure
•Project must have a realistic plan to redeploy capital if jobs are created before I-829 (sustained-investment requirement)

Choosing a project with sound legal structuring is critical — at-risk structuring errors can disqualify investors years after they funded.

Beyond 如何处理

Beyond Paradise 1's structure was reviewed during I-956F adjudication and meets the Reform Act's sustained-investment and at-risk requirements.