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EB5 Status

Is the EB-5 investment refundable?

The EB-5 investment is not guaranteed to be refundable. The "at-risk" requirement means the capital must face the genuine possibility of loss. Any arrangement that guarantees return of capital could render the investment ineligible for EB-5 purposes.

In practice, most regional center projects are structured with the intent to return investor capital after the I-829 conditions-removal period (typically five to seven years from green card issuance). The actual return depends on the project's financial performance.

Historical data on capital return rates is limited and self-reported by the industry. USCIS does not track or publish data on investment returns. Claims about return rates should be evaluated with caution, as they often reflect projections rather than audited outcomes.

Editorial|8 CFR § 204.6(j); EB5Status analysis

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