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NOTRE-DAME-DU-BON-CONSEIL · EB-5 FIELD GUIDE

Notre-Dame-du-Bon-Conseil: Are the EB-5 capital threshold and government fees the same expense?

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THE DIRECT ANSWER

No. Qualifying capital, project charges and government filing fees are different items and should be documented separately.

Build a transparent funds schedule

Hypothetical example: an applicant sees an $800,000 project amount and assumes it includes every other cost. The applicable threshold depends on the qualifying project classification and current law — $1,050,000 as standard, or $800,000 for a qualifying targeted employment area or infrastructure project, with statutory adjustments beginning January 1, 2027 — and it is separate from administrative fees, professional charges and other expenses. Check government amounts through the USCIS fee schedule and reconcile each outgoing payment to its purpose.

Support the budget with subscription terms, administrative invoices and the current G-1055 schedule, keeping capital separate from fees. List the qualifying capital transfer, project charges, petition fees, professional work and currency costs by date and recipient so none is misclassified. Question any invoice that labels an administrative charge as invested capital or obscures the project’s TEA basis.

Do not wire the subscription amount until the threshold, project classification and separate charges have been verified. Apply the current statutory capital level to the project, then distinguish investment funds from government, professional and administrative costs and budget for derivatives. Keep a dated schedule separating government fees, professional charges, commercial costs and funds that must meet a substantive legal test.

A number on an invoice answers a different question from a qualification, a company relationship or a capital commitment. Check amounts again before payment.