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WELLAND · DECISION WORKSHEET

Welland investor guide: identify who can demand repayment before trusting an exit promise

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general immigrant investor briefing overview

THE SHORT ANSWER

Read an exit forecast beside the clause that creates a payment right. A projected commercial result, a contractual obligation and an official immigration decision answer different questions.

01

Find the operative clause behind protected capital

Hypothetical example: an offering slide says the investor can exit after an expected refinancing. Ask which signed provision, if any, lets the investor compel repayment and whether the return rate is guaranteed. EB-5 excludes contractual investor repayment rights and guaranteed rates of return from qualifying capital. A buyback option exercisable solely at the enterprise’s discretion has a statutory exception subject to sustainment and all other applicable conditions. A reassuring projection cannot convert an investor repayment entitlement into discretionary company action.

02

Test what the offering establishes beyond an exit

The investor still needs lawful source and path evidence, capital at risk, management or policy-formulation participation and ten qualifying permanent full-time jobs per investor under the applicable job framework. Qualifying limited-partner rights may establish participation without daily management. As of September 2026, capital is US$1,050,000 or a qualifying US$800,000 targeted-employment-area or infrastructure investment, with statutory adjustments from January 1, 2027 under petition-filing-date rules. Commission the financial review to examine real contractual exposure; immigration preparation is not a guarantee of investment performance.

03

Price a government gift as a different commitment

For Gold Card, the nonrefundable processing fee is US$15,000 for each person. After successful vetting and instructions, the principal gift is US$1 million individually or US$2 million per corporate-sponsored employee principal. An eligible joining spouse or unmarried child under 21 adds a US$1 million gift plus US$15,000, including corporate cases, and initial inclusion is recommended. The gift carries no promised commercial return. Corporate terms add 1% annual maintenance and 5% for a transfer with a new background check; the prior gift’s conditional reuse does not approve a replacement employee. EB-1 or EB-2 eligibility, admissibility and visa availability must still be satisfied.

04

Assign each promise to the party that can actually fulfill it

Ask the seller or enterprise to explain its contractual obligation, and the immigration adviser to identify the next official decision. Those are separate requests. EB-5 conditional residence begins at immigrant admission or adjustment approval; I-829 normally belongs in the 90 days before the second anniversary. Filing does not itself remove conditions or trigger repayment. If a private promise depends on approval, document what happens when the case takes longer or fails rather than representing a projected date as assured.

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