Do not assume so. Identify invested funds separately from administration, professional charges and other obligations. As of September 7, 2026, the capital figures are US$1,050,000 or US$800,000 for qualifying targeted employment area or infrastructure projects. Statutory adjustments begin January 1, 2027; confirm the amount applicable to the filing.
Confirm the applicable treatment
Review current thresholds and the actual capital structure. A combined payment schedule does not make all spending qualifying investment. Hypothetical example: a Canadian owner of a commercial laundry is comparing a regional-center subscription with a direct hospitality project, each showing capital, an administrative payment, legal fees, and future operating reserves.
Build a table that labels every payment by recipient and purpose. The first review should separate required qualifying capital from project or administrative fees, professional charges, escrow amounts, reserves, and personal relocation costs. Do not assume that a large combined payment equals the EB-5 investment threshold.
Confirm the current applicable amount for the precise filing date, whether the project qualifies for the lower category when claimed, and how the structure will demonstrate job creation. Capital must be at risk; a promise of guaranteed repayment conflicts with that basic feature. Review the governing documents to see whether the investor is exposed to business gain and loss, when funds are released, and what happens if a condition fails.
The decision is not simply which proposal has the smaller quoted price. It is whether the documented funds, risks, and job model meet the immigration requirements and the applicant can prove a lawful source and path. Keep commercial due diligence separate from immigration eligibility, even though both may use the same financial records.
A common error is treating a projected return, distribution, or reserve as capital already deployed. Confirm current government charges independently and do not describe professional fees as recoverable investment capital.