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CHAMBLY · EB-5 FIELD GUIDE

Does spending enough on contractors compensate for fewer qualifying jobs?

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THE DIRECT ANSWER

A high service-provider budget does not replace the required job evidence. Review the actual staffing and investment framework before treating expenditure as a job-count substitute.

Separate operating expense from the legal measures

The current general qualifying capital is US$1.05 million or US$800,000 for a qualifying reduced-threshold case. Administrative, professional and government charges need separate budgeting; neither a large invoice total nor extra fees automatically creates qualifying employment.

Assess liquidity statements against the actual business plan and obligations without treating a reserve as a guaranteed repayment fund. The USCIS petition fee for Form I-526E and the regional-center integrity-fund fee, the regional center’s administrative fee, immigrant-visa or adjustment fees for each family member, and later the I-829 fee, all separate from the at-risk capital. Transfer activity is not itself additional capital; identify separately any fees and their actual treatment. The common mistake is assuming project fees count toward the statutory investment. Ask for the specific economic report supporting the job count and confirm it was prepared independently of the marketing or sales budget, since the two documents answer entirely different questions. Keep contractor payment records in a cost ledger separate from any labor or output model used to project jobs, because mixing the two makes neither one reliable. Request the preparer's underlying assumptions in writing rather than accepting a summary total, so a reviewer can trace how the figure was reached.