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Programme guides · US EB-5 Investor Immigration

Where EB-5 Money Sits in the Capital Stack: Priority and Risk

Written by Global Immigrate consultants · Reviewed by Oscar Yip, Founder & Managing Director

Summary

A development is usually funded by a bank loan, EB-5 money and the developer’s equity. If things go wrong, repayment follows the capital stack. Knowing where EB-5 money sits is key to judging risk.

Short answer: a development is usually funded in three layers — bank loan, EB-5 money and developer equity. If problems arise, repayment follows that order: the bank first, EB-5 next and the developer last. The higher EB-5 sits, the lower the risk.

A typical capital stack

Layer Usual source Repayment order Risk
Senior loan Bank First Lowest
Mezzanine / subordinated loan Many EB-5 projects Second Medium
Preferred equity Some EB-5 projects Third Higher
Common equity Developer Last Highest

Three key ratios

  • EB-5 share of total cost: too high means over-reliance on EB-5.
  • Developer equity share: the more the developer puts in, the better aligned they are.
  • Loan-to-value: the lower total debt including EB-5 is against the project’s value, the bigger the cushion.

Questions to ask

  1. Which layer is the EB-5 money in, and is it secured?
  2. Is the bank loan already committed?
  3. How much has the developer already invested?
  4. Who covers any cost overrun?

Our advice

Project marketing tends to stress location and the developer’s name, but the capital stack says more about risk. Ask for a clear capital stack table. Read more: loan vs equity projects and how to vet an EB-5 project.

General information only, not investment advice.

FAQ

Where does EB-5 money usually sit?

Often as a mezzanine or subordinated loan, behind the bank.

Is more developer equity better?

Generally yes — better alignment and a bigger cushion.

What about cost overruns?

Confirm upfront who covers any shortfall, such as a developer guarantee.

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