Its treatment depends on the actual use and applicable requirements. A charge associated with the offering is not automatically capital.
Separate the amounts
Identify investment, project, government and professional expenses. Do not combine every payment into the qualifying threshold without analysis.
Keep independent financial diligence and family-related expenses visible in the budget, since an advertised package price can omit material commitments and a quoted return does not describe the full financial exposure. Build a dated review file around the capital amount, administrative and legal charges, escrow terms, currency records, source documents, and a separate reserve budget. At filing, the investor pays the immigrant petition fee set in the USCIS fee schedule, which is substantially higher than most employment petitions, and a regional-center project ordinarily charges an administrative fee on top of the investment amount that is not returned. Review the genuine agreements and commercial remedies alongside the immigration capital rules: contractual investor repayment rights and guaranteed rates of return are excluded from qualifying EB-5 capital. The common mistake is relying on a gross asset value, overlooking taxes or debt payouts, and discovering too late that liquid funds cannot cover both the statutory investment and surrounding expenses. Beyond the capital itself, budget separately for the costs that sit around it: administrative fees charged by a project, legal fees for the petition and for the funds-tracing work, translation of foreign-language records, and later the cost of the petition to remove conditions.