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SAINTE-THÉRÈSE · EB-5 FIELD GUIDE

Can the contingency fee deducted from our award count toward the US$800,000?

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THE DIRECT ANSWER

No. The qualifying amount is capital the investor actually contributes and places at risk in the new commercial enterprise. Fees deducted before you received the money never reached the enterprise. Reconcile the gross award, the deduction and the net figure so the remaining proceeds visibly cover the amount you intend to invest.

Separating capital from everything else you will pay

An administrative fee charged by a project is a different payment; labelling an account does not convert it into qualifying capital, and what governs is the actual legal requirement and the use of the money. Filing fees, translation and professional fees sit outside the investment too. A useful total needs a defined scope; a lawyer or accountant can give a written quote for their own scope, which is worth obtaining before you commit.

Obtain a statement from the firm that withheld the contingency fee showing the exact amount deducted and the date of the deduction, since adjudicators comparing the certified award to the contributed amount will expect that gap explained. Confirm the date the net proceeds actually transferred into the enterprise's account, because a contribution is measured by what the enterprise received, not by what the investor was awarded. Ask counsel to address the fee deduction directly in the source-of-funds narrative rather than leaving the reader to infer it from bank records alone.