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SAINT-LAZARE · EB-5 FIELD GUIDE

Can I fund the investment with an assumed tax saving from the move?

Sources checked:

THE DIRECT ANSWER

Distinguish an unverified expected saving from funds actually available and contributed. Obtain the appropriate tax analysis before treating a projected outcome as part of the budget.

Build the capital plan on supported resources

The required qualifying investment and separate fees still need funding. This example gives no tax-savings estimate and does not count a hoped-for refund or reduced tax bill as capital already invested in the enterprise.

The replacement funds carry their own source-and-path burden, which is why a quick loan from a relative or a gift solves less than it seems: a gift still needs lawful source evidence for the giver. Examine the actual use and treatment of each payment rather than infer qualifying capital from its label. Filing fees are published and should be checked on the current USCIS fee schedule rather than assumed. Costs associated with obtaining a settlement are not automatically qualifying EB-5 capital. Use gross qualifying capital, not anticipated proceeds, when checking the filing threshold. Professional fees for source-of-funds work are usually the largest non-government cost. Fees taken from the capital may affect whether the full amount is at risk in the enterprise.