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HUDSON · EB-5 FIELD GUIDE

Do the lawyer’s closing deductions reduce the capital I can count?

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THE DIRECT ANSWER

They can reduce the cash available for contribution. Reconcile the net amount actually committed after closing costs, debt payouts and currency conversion. A fee paid outside the investment is not automatically qualifying capital; conversely, the label attached to a project payment does not settle its immigration treatment. Work out the net first, then decide whether the plan still works. Subtract lender payouts, professional fees, taxes payable on the sale and the cost of converting currency from the gross allocation, then compare what remains with the qualifying capital the chosen project requires. Where the gap is real, it is better named now than discovered at the wire.

Use a net funding worksheet

Start with the proceeds allocated to you, subtract actual deductions and identify the US-dollar amount received under the investment arrangement. If that leaves a qualifying-capital gap, evaluate lawful additional funding before claiming the requirement is met. Obtain the closing lawyer’s fee statement and the immigration adviser’s scope separately, since those charges pay for different work and do not guarantee approval.

Hypothetical example: a departing owner of an equestrian coaching and boarding business expects the sale to cover the investment comfortably, then finds that a vendor take-back note defers a large part of the price. The capital is promised rather than held, so the funding decision becomes whether to wait for the note, to sell other assets, or to reconsider the project. Naming those three options early is the useful outcome of a costing exercise.