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RURAL MUNICIPALITY OF ST. CLEMENTS · EB-5 FIELD GUIDE

Does the whole closing payment necessarily count as qualifying capital?

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THE DIRECT ANSWER

No. Separate actual at-risk investment from charges and other expenses. As of September 7, 2026, the capital figures are US$1,050,000 or US$800,000 for qualifying targeted employment area or infrastructure projects. Statutory adjustments begin January 1, 2027; confirm the amount applicable to the filing.

Reconcile the amount with the applicable threshold

The project’s qualifying basis and filing date matter. A single closing total should not conceal the treatment of different payment components.

Government filing fees for each stage, published in the USCIS fee schedule; project administration or subscription fees where a pooled investment is used; legal fees for the petition and the source-of-funds work; and the cost of documenting the funds themselves. 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. Beyond the project, budget for the immigration steps that remain: the petition to remove conditions, professional fees for preparing it, and updated evidence about the investment and the jobs created that will be needed at that stage.