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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can the purchase price and all deal fees be counted together as capital?

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THE DIRECT ANSWER

Do not assume every payment qualifies. Identify the actual capital and the treatment of separate charges. 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.

Build a categorized transaction budget

Confirm current thresholds and review financing, source and path. A combined invoice does not establish that all spending satisfies the investment requirement. List each expenditure by category: qualifying capital, administrative or project fees, legal and filing charges, due-diligence costs, tax advice, travel, and personal settlement expenses.

The review must determine which amount is actually capital placed into the selected enterprise and which amount is outside that calculation. Hypothetical example: a solar-inverter entrepreneur receives an invoice that combines a subscription amount, an administration fee, and marketing charges. Paying the invoice does not show that every dollar satisfies the investment requirement.

Ask for an itemized agreement and trace the disposition of each amount. Verify current capital thresholds and filing fees through official materials immediately before acting; amounts and rules can change. Financing needs special care because the debt terms, collateral, and investor’s personal liability may affect whether money is treated as qualifying capital.

The first review should help the investor decide whether the financial structure is credible before funds are locked in. A large outlay, high project valuation, or paid invoice cannot replace a complete lawful-source record and a viable qualifying-job analysis. Ask whether a listed fee is payable regardless of immigration outcome and whether it is returned, retained, or spent by the enterprise.

This commercial question must not be confused with the definition of qualifying capital.