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MAGOG · EB-5 FIELD GUIDE

From Magog, should administrative charges always be treated identically in every EB-5 budget?

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THE DIRECT ANSWER

Review actual purpose, use and governing terms rather than impose a rule from a label alone.

Keep the financial explanation precise

Separate clearly unrelated professional expenses and identify the real capital contribution. Neither an inclusive invoice nor a marketing category settles the qualifying treatment of every payment. As checked September 7, 2026, capital generally is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure case. Statutory adjustments begin January 1, 2027; confirm the filing-date amount.

Classify each charge by its actual contractual purpose, refundability, recipient, and use. Reconcile administrative amounts to the subscription or operating agreement and keep legal, filing, translation, and family expenses outside the capital total unless a defensible rule and the effective terms establish otherwise. Ordinary EB-5 capital is generally US$1,050,000. Qualifying targeted-employment-area or infrastructure cases use US$800,000 instead; show lawful origin, the complete transfer route, and creation of ten full-time positions for eligible workers in the United States. Direct investors use Form I-526; regional-center investors use Form I-526E. Budget through two-year conditional residence, including Form I-829 filing during the 90-day period immediately preceding the second anniversary, rather than treating initial petition approval as the finish.

Hypothetical example: a Magog greenhouse constructor compares two regional-center budgets that use the same “administration” label for different obligations. She should read the binding agreements, wire destinations, refund clauses, and job-allocation materials before deciding what counts toward capital and what remains a separate expense. A marketing table cannot standardize legally different payments. Her filing plan should use Form I-526E and preserve each receipt for the conditional-residence record.