USCIS would deny anybody’s petition whose investment carry a guaranteed repayment. That is why investments in the form of fixed income debt are not eligible. That said, a third party could extend a guarantee to the loan made by the NCE to the JCE. This is acceptable because even after the NCE has been paid back, the NCE has no obligation to return the funds back to the investor. The expectation is that if the investor is ready to receive the funds, they will. However, this is not a certainty.
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