Q: EB-5 visa. “A promissory note in certain circumstances”.
Hi! EB-5. “Capital can include Investors promise to pay (a promissory note) in certain circumstances”. In this case, do I have to prove that I have the full $800,000 (in the case of a TEA investment)? What are the “certain circumstances”? Is it difficult to convince to make a promissory note instead of investing all the money at once?
What is the normal and maximum acceptable term for repayment of a promissory note for an EB-5 visa?
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A:
When considering the use of a promissory note for an EB-5 visa investment, it's essential to understand that it is allowed in certain circumstances, particularly when the note is secured by the investor's assets. You don’t necessarily need to prove that you have the full $800,000 upfront, but you must demonstrate that the promissory note is backed by sufficient collateral and that you can meet the obligations outlined in it.
The “certain circumstances” refer to situations where the promissory note is structured in a way that ensures the funds will be available within a specified timeframe and are guaranteed by real, tangible assets. The note must be legally enforceable, and the U.S. Citizenship and Immigration Services (USCIS) will scrutinize its terms to ensure it meets their requirements.
Convincing USCIS to accept a promissory note instead of a lump sum investment can be challenging. It involves providing thorough documentation that proves the security and validity of the note. Proper preparation and careful structuring of the promissory note are crucial to meet the strict standards set by USCIS.
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