Instalments already received can be invested, and a promissory note may sometimes be sold, assigned or contributed if it can be valued and the investment remains at risk. Lawfully obtained loan proceeds contributed as cash do not have to be secured by the investor's own assets under current USCIS policy, but their lawful source, path, terms and use must be documented.
Money owed to you is not money at risk
The programme asks whether qualifying capital has been placed at risk in a new commercial enterprise. Instalments already received can be invested. The investor may also sell or discount the note for cash, producing a new documentary trail, or obtain a bona fide loan whose proceeds are lawfully available for investment.
Current USCIS policy treats lawfully obtained loan proceeds contributed as cash rather than requiring the loan to be secured by the investor's own assets. A promissory note contributed as indebtedness presents a different valuation, liability and collateral analysis. Whichever structure is chosen, the lawful source and complete path of the funds, the note or loan terms, and the at-risk placement in the new commercial enterprise must all be documented.