Do not count them simply because they appear in the wire or capital account. Administrative fees separate from the contribution do not replace required qualifying capital. Reconcile contracts, payments, and actual use of funds, then verify the EB-5 rules; the accounting label alone is not decisive.
Separating contribution from fee in a hypothetical offering
In an example with a properly supported reduced threshold, the offering calls for US$800,000 capital and US$70,000 fees. A total payment of US$870,000 can cover those two separate obligations. If only US$800,000 is sent and US$70,000 goes to fees, US$730,000 remains for the planned contribution. Relabeling the statement does not correct that shortfall.
Read the offering the way an adjudicator will: how many jobs does the model produce in total, how many investors are being admitted, and what does that leave for each one. An estate distribution is established by the will or succession documents, the estate accounting and the executor’s transfer, plus, where relevant, how the deceased acquired the funds.