Do not assume the lien is irrelevant or that subtracting its balance establishes qualifying capital. Review your ownership, the lender’s security and consent rights, the proposed transfer and the value actually contributed under the applicable EB-5 rules. A mortgage or security entry needs analysis of the underlying documents, not a label change.
Review the lender’s rights before promising a contribution
For five presses, identify which units secure the loan and whether the security extends to all business assets. Obtain the lender’s release or consent where required and document any continuing obligation. Counsel and a qualified valuer can assess the proposed contribution and remaining capital need; neither an appraisal nor permission to export alone proves that the enterprise receives the claimed qualifying value.
Part-time jobs cannot simply be combined into qualifying full-time positions. Order an independent lien search against the equipment itself, not just a representation from the seller that title is clear, since a filed security interest can survive a change of ownership if it is never properly released. Structure a closing escrow that holds back enough proceeds to satisfy the recorded lien before or simultaneously with the transfer, rather than trusting a post-closing promise to pay it off. Confirm the lien has actually been discharged of record afterward, because an unreleased filing can cloud the enterprise's claim to the asset long after the funds changed hands.