Skip to content
STONEWALL · EB-5 FIELD GUIDE

Do administration fees count toward the investment minimum?

Sources checked:

THE DIRECT ANSWER

An administration fee cannot be assumed to satisfy the capital minimum. Identify where the wire is allocated and have the genuine payment structure assessed.

Ask for a capital-and-fee reconciliation

Place the transfer receipt beside the subscription agreement and the recipient’s allocation statement. If one wire pays both investment and administration, show the split explicitly and ask about any discrepancy rather than counting the entire transfer. The present capital requirement is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project. Check the petition-date amount when statutory adjustments start January 1, 2027. Keep official filing charges and professional engagements separately identifiable. A record showing that money arrived proves a transfer; it does not, without the governing terms, establish how much was accepted as qualifying capital.

Down payment, financing costs and carrying expenses reduce the liquid funds available, while EB-5 capital must remain at risk with no guaranteed return or fixed repayment date. A projected business distribution or investment return should not be assumed available to pay future expenses unless the underlying circumstances support that assumption.