No. Expense totals do not establish qualifying positions, hours or worker status by themselves.
Reconcile costs with employment facts
Keep payroll, contractors and separate charges distinguishable. Higher spending does not guarantee that the applicable ten-job-per-investor requirement is met.
Potentially the entire qualifying capital amount difference and processing costs, since an improperly designated investment may not satisfy EB-5 requirements at either amount if the underlying claim was inaccurate. Budget official application fees, project charges and household costs separately rather than treating a possible queue advantage as a capital discount. The amount needed to complete the transaction may exceed the qualifying investment threshold, and neither the larger total nor a paid invoice guarantees eligibility. Administration fees charged by a regional centre or project sponsor, legal fees, translation, accountancy, escrow charges and government filing fees all sit outside the qualifying capital and have to be funded separately. Investment capital should be kept separate from project administrative fees, government filing fees, legal and document-preparation costs, and later-stage immigration filings, and the actual agreements should be reviewed for what each fee covers. Government costs are separate: for this standalone direct investment, the Form I-526 petition fee, the later Form I-829 fee and the adjustment or consular fees are listed on the USCIS fee schedule, Form G-1055, and none counts toward the investment.