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CANDIAC · EB-5 FIELD GUIDE

Should fees be paid from money counted as the qualifying investment?

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THE DIRECT ANSWER

Keep qualifying capital distinct from administrative, professional, government and personal expenses. Reconcile the actual net resources and each payment’s purpose rather than counting the same dollars twice.

Budget from available components of the deal

A contingent future payment may not be available for present charges. Obtain appropriate advice on obligations affecting the proceeds, and verify current official fees and project charges; this account does not calculate the transaction’s tax result.

The regional center's administrative fee, the USCIS petition fees from the current fee schedule, source-of-funds and legal preparation, translations, and later the immigrant-visa or adjustment fees and the I-829 fee. A rising project valuation does not itself waive that requirement or prove additional applicant capital was invested. Separate from the capital, regional-center projects charge an administrative or syndication fee that is not part of the invested amount and is not refundable. Classify each payment by recipient, contractual purpose, refund terms, and treatment in the offering documents. Government filing fees apply at several stages and should be checked against the published USCIS fee schedule rather than remembered from an article. Buying an old statement may help prove source and path, but it neither becomes capital at risk nor helps meet the investment threshold.