No. An option solely at the enterprise’s discretion is not the investor’s promise of payment, and its statutory conditions must also be assessed.
Budget without converting discretion into a guarantee
Identify the actual terms and potential consequences, including the statutory withdrawal condition unless sustainment and other requirements are fulfilled. Do not promise the household a fixed payout simply because the documents mention a buyback.
The qualifying capital must reach the new commercial enterprise in full; it cannot be reduced by charges. Keep family-related expenses and independent financial diligence visible as separate items. Trace every contribution’s lawful source and path and document the investor’s management or policy role.
Ask which payments are due at filing and which are staged, and read escrow release conditions so you know when funds leave your control. Ask counsel whether the buyback right can be exercised before the sustainment period ends, because an early payout risks pulling committed capital out of the enterprise while the investment must still remain at risk. Request the enterprise's own criteria for declaring the option available, not a marketing summary, and confirm whether that trigger depends on job creation being reached. Build any household budget as though the option is never exercised, treating a later payment as a windfall rather than a planned resource. Confirm separately whether accepting the buyback could affect the timing of a future I-829 filing.