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POINT EDWARD · EB-5 FIELD GUIDE

Are all EB-5 payments part of the qualifying investment capital?

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THE DIRECT ANSWER

Not necessarily. Review offering documents and current rules carefully. Administrative charges, professional fees, and project fees may be treated differently from invested capital.

Separate capital from transaction expense

Make a ledger with distinct columns for the amount subscribed as capital, any administrative fee, government charges, legal or accounting fees, wire fees, tax costs, and due-diligence expenses. Link each figure to the controlling agreement or invoice. A project brochure may show a single total, but the investor needs to understand what amount enters the new commercial enterprise and what amount pays for services or administration.

Ask whether fees are refundable, when they are earned, and what happens if the immigration filing is denied or the transaction does not close. Do not count a fee as capital merely because it was necessary to join the project. The investment must also be at commercial risk, so a payment structure promising unconditional return deserves careful scrutiny.

Currency movements and bank costs can affect the amount actually received; retain wire confirmations and reconcile them. A complete budget should include advice from independent professionals appropriate to the investor’s needs, but no adviser can convert a commercial expense into qualifying capital by using a different label. Precision about money is central to both immigration compliance and investment understanding.

Request a written explanation of every charge that is not capital, including who receives it and when it becomes nonrefundable. This is ordinary investor due diligence, not a technicality. It ensures that the household understands the commercial cost even where a particular payment has no direct role in meeting an immigration threshold.