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CENTRAL SAANICH · EB-5 FIELD GUIDE

Should company operating expenses be counted as the investor’s EB-5 contribution?

Sources checked:

THE DIRECT ANSWER

The actual capital contributed to the qualifying enterprise must be identified; unrelated source-company expenses are not automatically that investment.

Distinguish the businesses and payments

Reconcile lawful distributions, fees and the actual contribution. The applicable capital level cannot be met by combining unrelated costs merely because the investor owns both businesses. 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.

Treat contribution, administrative charges, legal costs, offering expenses, and personal travel as separate categories. Only the qualifying capital contribution serves the investment requirement; a budget cannot reach the required level by adding unrelated expenses. The first review should reconcile the offering documents, escrow instructions, wire confirmations, and source-of-funds schedule so that each number has one consistent character. Ask whether a charge is refundable, who receives it, and whether it is placed into the job-creating enterprise. A high total expenditure does not demonstrate that capital is at risk or that the required jobs will result. Residence, if later granted, begins conditionally and requires a separate removal-of-conditions stage. Hypothetical example: a cider producer sees a project budget with a capital contribution, an administration fee, and a separate subscription fee. The subscription agreement and wire instructions decide which amount enters the enterprise. If the producer wires all three sums from one account, the accounting schedule must still distinguish them; calling the entire transfer ‘investment’ creates a contradiction that a bank receipt alone cannot resolve.