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KENT · EB-5 FIELD GUIDE

How should the Kent investor treat the regional center's administrative fee alongside the EB-5 capital?

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THE DIRECT ANSWER

The administrative fee is a separate charge paid to the regional center and is not part of the qualifying investment. The qualifying capital must be the full threshold amount placed at risk in the new commercial enterprise; fees, legal costs and USCIS filing fees sit outside it.

Only money at risk in the enterprise is investment

Regional-center projects commonly require the investor to pay an administrative or syndication fee in addition to the capital contribution. That fee compensates the regional center and is not returned, but it is not invested in the job-creating enterprise and therefore does not count toward the US$800,000 or US$1,050,000 requirement. The Kent investor should read the subscription agreement to confirm that the full threshold amount goes into the new commercial enterprise and remains at risk, with no guaranteed repayment.

Separately budget the Form I-526E filing fee and the regional-center program fees set out in the USCIS fee schedule, Form G-1055, and later the Form I-829 fee; these are payable to USCIS and are unrelated to the investment. Legal, accounting and translation costs are the investor's own. When the buyout proceeds are the only source, make sure the sum available after taxes covers the capital, the fees and the family's living costs, because capital withdrawn to pay fees stops being at risk.