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SAINTE-MARTHE-SUR-LE-LAC · EB-5 FIELD GUIDE

Can the amendment review fee be taken from my escrowed capital?

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THE DIRECT ANSWER

Only if the governing documents and applicable law actually permit it, and even then the effect on your qualifying capital has to be analysed. A payment made from an account does not settle a requirement because of what the account is called. Get the fee quoted in writing before authorising anything.

Pricing the extra review without touching the investment

A structural change means more document review, and that work is priced case by case; no single figure covers every file, and a useful estimate needs the actual scope and third-party charges. Written professional quotes are normal, so ask for one that names the scope. Whether a retainer already paid covers this scope depends on that engagement letter — check it rather than assume either way.

Read the escrow agreement itself before assuming any disbursement is possible, since most escrow arrangements list a narrow set of permitted releases and a fee payment may not be among them. Ask the escrow agent to identify the exact clause permitting a disbursement other than release to the enterprise or return to the investor, rather than relying on a project representative's assurance. Where the agreement is silent or restrictive, pay the review fee from a separate account instead, since keeping the escrowed amount untouched avoids any question about whether the full qualifying contribution stayed intact.

Document that decision in writing so the funding history stays traceable later.