The invested funds must be “at risk,” which means they must be subject to loss if the business in which they are invested fails. The capital may not be loaned to the enterprise. A Regional Center may, however, loan the funds to a project or business. The funds must be fully invested in the enterprise before the first EB-5 visa petition (Form I-526) is filed.
For more details see my web page www.aboutvisas.com.
Martin
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