Like any investments, EB-5 investment must be at risk and should be treated as any other investment where the return of investment is not guaranteed.  The capital provided should be an investment, not a loan.  If there is indebtedness, the note must be secured by the Investor’s assets.  There should not be a guarantee rate of return by the commercial enterprise, otherwise it will not qualify for EB-5 investment. In some regional center projects the new commercial enterprise loans the invested funds into the job creating entity.  However, the structure of the project should be carefully reviewed in advance of making such an investment.