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THREE RIVERS · EB-5 FIELD GUIDE

Does an early-exit charge become qualifying capital?

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THE DIRECT ANSWER

Its actual purpose and treatment need assessment; a charge associated with the investment is not automatically capital.

Separate contributions from expenses

Identify what reaches or remains in the enterprise and the applicable requirements. A fee payment does not itself establish compliance or a repayment right.

Beyond the qualifying capital, expect regional-center administrative fees where one is used, USCIS filing fees for the investor petition and later Form I-829, legal and accounting costs for the source-of-funds work, and translation costs. Break the invoice into qualifying capital, administrative charges, professional services, reserves, and refundable items, then match each line to the governing agreement and receiving account. Government filing fees, consular charges and professional fees are separate from capital and cannot be quoted as one universal total, although a lawyer or accountant can give you a written quote for defined work. Record capital contribution, administrative charges, escrow terms, document services, translations, government filing fees, travel, and later-condition-removal planning in separate columns. Where a project involves a regional centre or a similar sponsor, an administrative or subscription charge is usually payable in addition to the investment and is generally not returnable. Confirm the applicable investment amount and current official charges at the relevant filing stage, particularly when planning extends into a later statutory adjustment period. Trace every transfer from a lawful source through intermediary accounts to the enterprise, and retain separate budgets for filing charges, professional advice, administration and family living needs.