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RURAL MUNICIPALITY OF EAST ST. PAUL · EB-5 FIELD GUIDE

Does project completion guarantee the return of EB-5 capital?

Sources checked:

THE DIRECT ANSWER

No. Review the actual agreements and commercial risk; immigration requirements do not promise repayment.

Separate three different outcomes

Project delivery, capital return and residence decisions are distinct. A forecast should not be presented as a guarantee of any of them.

A thorough personal funding history does not substitute for the project's job-creation evidence, and an attractive project presentation does not substitute for documenting the investor's lawful capital. Years of earnings records, tax filings, business sale agreements, loan documents and transfer confirmations may be needed to trace the funds, and a job-creation methodology has to hold up on review. Eligibility is proved elsewhere and by the investor personally: the lawful source and path of the capital, capital placed at risk in a new commercial enterprise, the job creation the law requires, and engagement at least at the level of policy formulation. A stated maturity is not automatically fatal, while a guaranteed return of capital sits badly with the requirement that the investment be at risk, and the difference lies in the language rather than in the sales description.