Prepare a clear budget identifying each purpose and its treatment; the amount withdrawn from a company is not automatically qualifying investment capital. As of September 7, 2026, the general threshold is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project, with statutory adjustment beginning January 1, 2027. Government, project and professional charges are separate and are not automatically qualifying capital.
Allocate the funds without relabelling expenses
Separate invested capital, project administration, professional services, current official fees and personal reserves. Identify deductions and obligations affecting the net distribution. Do not assume every immigration-related payment counts toward qualifying capital. Commercial and tax advice should address the distribution’s consequences independently of whether an immigration case is approvable.
Hypothetical example: a home-health business owner receives a project budget that lists the investment amount, an administration charge, legal fees, filing charges, travel, and a reserve for her family. Put each item in a separate column and ask whether it becomes qualifying capital, a project charge, a government payment, or a personal expense. The label “EB-5 cost” does not answer that question. Obtain the offering documents, wire instructions, fee disclosures, and written explanation of what each payment buys. If capital is drawn from a company, also preserve the distribution authority and net amount after obligations. Current official fees can change, so verify them at the responsible agency before payment rather than relying on an old brochure. Do not reduce the required capital by assuming an administrative charge counts toward it, and do not treat a projected return as money available for family costs. A first cost review should deliver a funding map that shows the required investment, ancillary payments, and the cash reserve that remains outside the qualifying amount.