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How might all of an investor’s funds fulfill the “at risk” requirement if only a portion of the investment is needed to start the new commercial enterprise (NCE)?

If a direct EB-5 investor is able to start a business for less than the required investment amount, the remaining funds must be irrevocably committed to the business. The simplest way to accomplish this is to have the remainder of the investment placed in the NCE’s operating account. For example, if a business is started in a targeted employment area (TEA) for $200,000, the remaining $300,000 would need to be placed in the business’s account as operating capital. Because of the importance of demonstrating the connection between the investment and job creation, any direct investor in a situation like this should consult an immigration attorney to ensure he/she is complying fully with these foundational requirements of the EB-5 Program.