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L'ÎLE-PERROT · EB-5 FIELD GUIDE

Does a project reporting fee count as additional qualifying investment capital?

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THE DIRECT ANSWER

Do not assume it does. Identify what the charge purchases and distinguish it from the actual qualifying contribution under the investment arrangement. A service fee and a capital contribution travel to different places and do different work. One pays a provider for administration, reporting or investor relations under a contract; the other is money placed at risk inside the enterprise, and only the second is capable of counting toward the investment.

Compare the service promised with the evidence needed

Ask about the actual reporting terms without assuming a fee guarantees complete immigration evidence or a favorable decision. Budget official filing fees separately and verify current amounts when needed. Ask the project a narrow question in writing: which document records this payment, and which account receives it.

The schedule of fees in the offering material and the receipt issued afterwards should agree with each other and with the subscription agreement; where they do not, resolve the difference while everyone still remembers the arrangement. Hypothetical example: an investor in a cold-storage facility project is invoiced annually for an investor portal and assumes the amount adds to the qualifying contribution, when the subscription agreement treats it as an administrative charge to a service company — the useful step is to obtain that document and correct the running total before it is relied upon in a filing.