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RURAL MUNICIPALITY OF ROCKWOOD · EB-5 FIELD GUIDE

Should adviser and supplier charges all be treated as qualifying capital?

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THE DIRECT ANSWER

A service related to an EB-5 project is not automatically the investor’s qualifying capital. Determine what the adviser or supplier is paid to provide and who bears that obligation.

Separate the service engagement from the subscription

Read the adviser engagement, supplier order and investment subscription as distinct documents. Note whether a charge belongs to the investor personally or is an expense of an enterprise, then obtain the appropriate assessment of its actual treatment. A broad service package should not be counted merely because it assists the proposal. The present capital amounts are US$1,050,000 or US$800,000 for qualifying targeted employment area or infrastructure projects, with petition-date adjustments beginning January 1, 2027. Preserve invoices and evidence of the recipient so the case does not substitute a list of professional fees for the investor’s capital record.

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. Independent diligence on the project itself, including a review of the job creation methodology and the offering documents, costs money that investors resent spending and later wish they had spent more of.