Separate project and professional charges, government filing fees, later immigration steps and household costs from qualifying capital. The current capital figures are US$1,050,000 or a qualifying US$800,000, subject to statutory adjustments beginning January 1, 2027.
Read the obligation behind every payment
Identify refund terms and commercial exposure without assuming repayment or approval. A combined package price can conceal distinct charges and does not make each amount invested capital. Use a ledger that distinguishes capital committed to the new commercial enterprise from administration, syndication, legal, filing, travel and escrow amounts.
Read refund language and loss provisions instead of assuming any quoted total is recoverable or invested. Hypothetical example: a geothermal-drilling investor sees one package price that includes a project fee, reserve and subscription payment. The executed offering documents and wire instructions reveal which part is capital exposed to business risk.
The decision is whether the financial structure supports the required investment, not whether the total sounds substantial. A repayment expectation can undermine an at-risk analysis, while a separate fee is not automatically added to qualifying capital. Have the investor approve a line-by-line classification of each payment before sending it.
This avoids later confusion about whether money was exposed to enterprise risk, retained as a fee, or subject to separate refund terms.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Petition by Investor to Remove Conditions on Permanent Resident Status