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BARRIERE · EB-5 FIELD GUIDE

Barriere — Are there further costs after the initial investment?

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THE DIRECT ANSWER

Yes. The petition to remove conditions carries its own filing fee on the published USCIS schedule, and assembling its evidence has real professional cost.

Budget for the second filing from the start

Investors often budget the qualifying capital and the first filing and treat everything afterwards as administrative. The petition to remove conditions is a substantive filing with its own government fee on the current schedule and its own evidentiary burden, and where a project's performance is disputed it can require economic analysis and legal work well beyond the initial process. There may also be costs in obtaining records from a project that has become uncooperative. Setting aside a reserve for this at the outset is prudent, particularly for an investor who has committed most available capital to the investment itself and has no cushion for a contested filing. The reserve is small next to the investment and it protects everything that has already been committed.

Hypothetical example: A Canadian investor’s project begins charging an administrative fee for obtaining detailed employment records near the condition-removal stage. The first review should identify which records are essential, the time period they cover, and whether a third party can authenticate them. Contracts, invoices, and written reporting rights settle what can be requested. Decide how much reserve to keep for evidence, translations, and professional review before committing all liquid funds to the investment. A later filing is not a formality when the proof depends on a project that controls the records.