Interest or profit distributions do not automatically repay your invested capital. The question is whether the payment returned capital or distributed a return on capital under the governing documents. Counsel reviews the clause, the entity's accounts and the payment history together; there is no fixed rule that any distribution after two years is permitted.
Testing a payment against the at-risk requirement
Compare the payment with the enterprise’s earnings, capital ledger and your applicable sustainment period. A lawful distribution of actual profits differs from returning principal while the required investment must remain in place. If a return of capital occurred, ask whether its date and terms affect your petition; a commercial loss is a different event, and a later replacement does not automatically cure an immigration problem.
A house sale and a pension transfer value are both ordinary lawful sources, and a retiree who documents each fully has a stronger file than one who shows a single large unexplained balance. What counts is capital actually invested or irrevocably committed and placed at risk. Engagement in management is shown by the rights the offering documents grant. The ten-job requirement and lawful-source requirement apply regardless of how the shortfall is solved.