Asked in Immigration Law for California

Q: What is the normal and maximum acceptable term for repayment of a promissory note for an EB-5 visa?

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James L. Arrasmith
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A: For an EB-5 visa, the term for repayment of a promissory note should generally align with the USCIS requirement that the investment be at risk for the duration of the conditional residence period, which is typically two years. While there is no specific maximum term mandated, the repayment terms should reflect a genuine, at-risk investment.

If the note's repayment period is too short, it may raise concerns that the investment isn't truly at risk, potentially jeopardizing the EB-5 petition. It's essential that the terms of the note are reasonable, reflecting a genuine financial commitment to the project.

You should consult the latest USCIS guidelines or speak with a legal advisor to ensure that the promissory note and its repayment terms meet the necessary requirements. This will help ensure that your investment is in compliance with EB-5 program regulations and does not negatively impact your visa application.

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