USCIS Requirements for EB-5 Loans
USCIS has established clear guidelines on the use of loan proceeds for EB-5 investments:
Secured by personal assets: The loan must be backed by the investor’s own property (e.g., home, retirement account, securities, business assets).
Investor liability: The investor must be personally and primarily liable for repayment.
Source and path of funds: The loan proceeds must be fully documented — showing where the funds came from and how they were transferred into the EB-5 project.
No project-based collateral: The EB-5 project itself cannot serve as security
These requirements ensure that funds are “lawfully sourced” and “at risk” as required by the EB-5 statute.
Types of Acceptable EB-5 Loans
Home Equity Loans and Mortgages
Investors commonly borrow against their residential or commercial property.
Documentation must show ownership, appraised value, and the recorded mortgage or lien.
Retirement Accounts (IRAs, 401(k)s, Pensions)
In some jurisdictions, investors can borrow against retirement savings.
USCIS requires account statements, loan agreements, and proof of disbursement.
Stocks and Investment Portfolios
Securities-based loans allow investors to pledge brokerage accounts or equities as collateral.
Requires proof of ownership and complete tracing of funds.
Company or Business Loans
Investors can borrow against their business assets or ownership interests.
Must show proof of ownership, valuation of the collateral, and evidence of liens.
Family Loans
Loans from family members are permitted only if secured by the investor’s assets.
Requires a notarized agreement, proof of collateral, and transfer documentation.
View our full list of the most frequently asked question we receive about EB-5.
Can Unsecured Loans Qualify for EB-5?
While uncommon, unsecured loans have been used in EB-5 cases:
Possible under certain conditions: USCIS may accept unsecured loans if the investor has a clear, enforceable legal obligation to repay (e.g., a promissory note), and if the funds are lawfully sourced and fully documented.
Higher scrutiny: USCIS examines these arrangements carefully. Weak documentation or unenforceable terms can trigger RFEs or denials. Using an unsecured EB-5 loan will almost certainly delay the processing of your I-526E application.
Industry examples: Some EB-5 project sponsors claim to offer unsecured loan structures. However, their acceptance depends entirely on how the loan is documented and whether USCIS deems it compliant with the “at risk” requirement.
Risks: Because unsecured loans lack collateral, USCIS may question whether the investment is truly “at risk.” Investors face a higher chance of delays or denial.
📌 Key takeaway: While unsecured EB-5 loans are possible, they are less common and riskier than secured loans. Most practitioners recommend secured structures whenever possible.
Common Pitfalls to Avoid
Using unsecured EB-5 loans without strong legal documentation.
Securing loans with EB-5 project assets (not allowed).
Failing to document collateral, ownership, or the path of funds.
Currency restrictions that prevent clean fund transfers.
Key Takeaways
Yes, EB-5 loans are allowed. They must usually be secured by personal assets.
Unsecured loans may qualify in limited cases but face higher scrutiny.
Acceptable collateral includes homes, retirement accounts, securities, or businesses.
All funds must be lawfully sourced, documented, and traceable.
Always work with experienced EB-5 counsel to ensure compliance.
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