USCIS will deny the I-526 petition if the investment carries a guaranteed repayment. That is why investments in the form of fixed income debt are not eligible. That said, a third party could provide a guaranty for the loan made by the NCE to the JCE. This guaranty is acceptable because even after the JCE pays back the loan to the NCE, the NCE has no obligation to return the funds to the investor. The expectation is that if the investor is ready to receive the funds, they will. However, this is not a certainty.
