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OSLER · EB-5 FIELD GUIDE

Does an expected exit date guarantee my money will return then?

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THE DIRECT ANSWER

No. Read the actual agreement and conditions. A forecast is not automatically a guaranteed repayment right.

Avoid a timetable promise

Do not build an immigration conclusion from a marketing estimate.

Compare the two versions clause by clause and mark only the differences that touch an immigration requirement: the amount and timing of capital, the conditions on its return, the investor's rights in management or policy formulation, and the job creation the enterprise commits to. Gifted capital is acceptable provided the gift is genuine and unconditional and the donors' funds are shown to be lawfully obtained, with the same documentary depth expected of the investor's own money. Management structure and investor control can affect the commercial analysis, but limited day-to-day duties do not guarantee repayment or reduce the statutory capital requirement. The qualifying capital must be invested or irrevocably committed to the enterprise, so money still owed under a buyout agreement does not count until it is received and placed at risk. Because capital must remain genuinely at risk, no structure can promise repayment at a fixed date or after a fixed number of years, and any material suggesting otherwise should be shown to counsel before it influences the household budget.