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COUNTY OF BRANT · EB-5 FIELD GUIDE

Does the cost of building the County of Brant investor's cross-dock count toward the EB-5 capital, or only cash contributed?

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THE DIRECT ANSWER

Capital is what the investor contributes to the new commercial enterprise, in cash or property, at risk. Construction the enterprise pays for with that capital is the use of the investment, not an addition to it, and the minimum amount is measured by what the investor put in.

Measure the contribution, then show the enterprise spending it

The EB-5 minimum, US$1,050,000 as a standard figure or US$800,000 in a targeted employment area under the current statute, refers to the capital the investor places into the new commercial enterprise and puts at risk for the purpose of generating a return. Cash contributed from the dividend and the tractor sale is capital. Equipment or land the investor transfers to the enterprise can also be capital at fair-market value if lawfully acquired.

What the enterprise then spends on construction, racking and dock equipment is evidence that the capital was deployed in job-creating activity, which the petition needs, but it does not raise the contribution figure. Money borrowed by the enterprise against its own assets is not the investor's capital either. Government costs are separate: for this standalone direct investment, the Form I-526 petition fee, the later Form I-829 fee and the adjustment or consular fees are listed on the USCIS fee schedule, Form G-1055, and none counts toward the investment.

Form I-526E and its additional Integrity Fund amount apply to regional-center investors, not this standalone investor.