Loan arrangements can vary from development to development, but you are right in the concern for the “at risk” requirement being satisfied. The main concern is that there is no guarantee the investor will receive his or her principal investment. Loans made from a new commercial enterprise to a job creating entity can be guaranteed. Please consider retaining EB-5 counsel to assist you with creating an EB-5 structure.
First seek the services of an experienced EB-5 attorney to assist you with answers to your questions. Second, the repayment of a loan by the job creating entity means that the funds are leaving the project and this should not occur before the investors obtain approval of the I-829 petitions to remove the conditions. That is, it is best for the funds that are committed and creating the jobs remain as stated above.