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OAK BAY · EB-5 FIELD GUIDE

Does paying a management fee satisfy my required participation?

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THE DIRECT ANSWER

A fee charged for someone else’s services does not by itself describe the investor’s own management or policy-formulation rights.

Understand the fee and the agreement

Separate qualifying capital from administrative or professional charges as applicable. Expenditure cannot replace the participation analysis or the ten-job requirement. 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.

Use the investor’s actual available amount after obligations and distribution terms are understood; gross company receipts are not necessarily investable shareholder funds. USCIS filing fees for the investor petition, the residence step and later the I-829, all in the current G-1055 schedule; regional-center administrative fees; legal, accounting and source-of-funds work; and the interest on the mortgage. An advertised package price can omit material commitments, and a quoted projected return does not describe the household's total financial exposure — get separate commercial and tax advice as appropriate. USCIS filing charges for the investor petition, adjustment of status if used, and the petition to remove conditions appear on Form G-1055; the Department of State publishes the immigrant-visa fees for consular processing. A borrowing investor adds interest, arrangement fees, appraisal costs and legal fees for the security documents, and pays interest throughout a period in which the capital must remain invested and cannot be withdrawn to service it.