Law360, New York ( August 25, 2014, 10:05 AM EDT) -- Proof of an investment being "at risk" is an important element of the EB-5 Immigrant Investor Program. A certain element of risk is what demonstrates the immigrant's commitment to the investment and job creation that are central to the EB-5 program. How to present an EB-5 project as one in which an investment is "at risk" and yet is not a "risky" project is a challenge that EB-5 practitioners have been grappling with for years. Unfortunately, although the regulations address the "at-risk" element, neither the statute nor the existing body of EB-5 case precedents specifies precisely what the degree of risk must be. This article analyzes the elusive at-risk element by utilizing two separate scenarios: the use of municipal bonds in EB-5 projects and EB-5 investments secured by property ownership....
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