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SENNEVILLE · EB-5 FIELD GUIDE

Can the project hold a reserve to cover the delay, and will my capital come back?

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THE DIRECT ANSWER

A reserve is a commercial arrangement, not an immigration guarantee. Your capital must remain at risk, and no universal rule returns it after two years or imposes a uniform sustainment timeline. Contractual repayment or refund rights may exist, but immigration approval never guarantees that the money is recovered.

Reading a hypothetical reserve clause

Imagine a Nevada logistics partnership proposing to hold US$1,200,000 across all investors as a contingency reserve during the delay. Worth asking: who controls release, whether the reserve is drawn from contributed capital, and how it appears in your capital account. Oral or public statements by a project can be legally relevant, so keep them, and written quotes for counsel's review are obtainable.

Ask whether the reserve amount is treated as capital still at risk in the enterprise's own accounting, or whether it sits outside the enterprise entirely, since that distinction determines whether receiving it later could shorten how long the required capital actually remained committed. Request the enterprise's financial statements to see how the reserve is disclosed, rather than relying on a summary description in a subscription brochure. Confirm whether the reserve's release is tied to job creation being achieved or only to elapsed time, because the two triggers carry different consequences for the sustainment analysis.

Keep any verbal assurance about the reserve out of the record entirely and insist that its terms appear in the signed governing documents instead.