A question that investors often have is whether it is permitted to purchase insurance from a third party if the commercial enterprise fails to repay the EB-5 investor. The answer, with caveats, is "yes."
According to the the USCIS website's notes of a stakeholder meeting of December 14, 2009, an investor may purchase insurance as long as the investor's capital remains "at risk," and the policy does not serve as a "redemption or a guaranteed buy-back agreeement for the alien investor's investment." Decisions as to whether the insurance complies with "statutory and regulatory reuirements" is made on a case by case basis. It is important, therefore that an investor consult with competent counsel when making this decision. For further information, the USCIS website is linked below: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=86470541743a5210VgnVCM100000082ca60aRCRD&vgnextchannel=994f81c52aa38210VgnVCM100000082ca60aRCRD
Robert J. Maher, Esq.
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RMaher@RobertMaherLaw.com
www.robertmaherlaw.com
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