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CARIGNAN · EB-5 FIELD GUIDE

Can the project’s expected distributions be promised to cover family repayments?

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THE DIRECT ANSWER

Do not treat forecasts as guaranteed money. Examine the funding obligation separately from the project’s actual distribution terms, investment risk and other expenses.

Budget without assuming a fixed capital exit

Keep administrative, legal, government and relocation charges distinct from qualifying capital. A relative’s preferred repayment date does not create a project repayment right or guarantee that funds will be available then.

The years that follow the investment carry their own costs: the removal-of-conditions filing, continuing professional advice, monitoring the project, and the effect of leaving substantial capital committed and at risk for the whole conditional period. Permit-related expenditures may be relevant to the business plan, but do not add them again to the investor’s contribution merely because the project spent invested funds. Offering materials sometimes present the capital figure prominently and the administrative fee in a schedule near the back. Identify whether the change concerns existing funds, an additional commitment or a project charge. A sponsor's administration fee is charged separately from the investment and is usually payable regardless of outcome. Estate costs, professional fees, the regional center's administrative fee and exchange losses are borne separately and do not reduce the required capital.