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SAINT-LAMBERT · EB-5 FIELD GUIDE

If capital comes back out of escrow, who pays the cost of returning it?

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THE DIRECT ANSWER

The escrow agreement normally allocates that, and the amount returned is often less than the amount deposited once wire charges, agent commissions or administrative deductions are applied. Read the clause before signing. A contractual right to repayment can exist, but no immigration outcome guarantees that the money is actually recovered.

Deductions, and what they mean for the threshold

If deductions come out of the invested capital itself rather than being paid separately, the amount actually placed in the enterprise can fall below the figure the case relies on. Where fees are paid from other funds, that problem does not arise. Ask for the arithmetic in writing: a project or a professional can put a quote on paper, and the numbers should be in United States dollars throughout.

Confirm the actual scope and charges and distinguish preparation expenses from qualifying capital. Confirm the provider’s real retrieval or translation charges and current official fees separately. Use the statutory threshold in effect for the filing and project classification. The review should show what amount is invested under the governing terms and what amount is paid for another purpose. The budget error is counting the cost of proving money as though it were the money invested.