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L’ANSE-SAINT-JEAN · EB-5 FIELD GUIDE

Should fees a L’Anse-Saint-Jean investor pays to a related company automatically count toward EB-5 capital?

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THE DIRECT ANSWER

Assess the actual use and qualifying treatment of each payment rather than the shared brand.

Identify the destination and purpose of each amount

Capital generally is US$1,050,000 or US$800,000 for qualifying TEA or infrastructure investment, subject to the January 1, 2027 adjustment and filing-date rules. A payment to an affiliated provider may have a separate purpose; do not automatically include every invoice or exclude every cost without examining the facts.

Classify each payment by recipient, contractual purpose, refund terms, and treatment in the offering documents. A related administration, marketing, legal, or advisory fee is not automatically at-risk enterprise capital because the names resemble one another. For infrastructure or qualifying targeted-area investment, capital is US$800,000; otherwise US$1,050,000 generally applies. Lawful sourcing, fund tracing, and ten qualifying full-time U.S. jobs remain necessary. Confirm whether the structure uses Form I-526E for a regional-center investment or Form I-526 for a direct investment. The common error is adding every project-related invoice to reach the threshold without proving where the money went or what investment interest it purchased.

Hypothetical example: A L’Anse-Saint-Jean logistics consultant receives one invoice from a regional-center fund and another from its related placement company. He should reconcile both with the subscription agreement, wire instructions, escrow ledger, and bank trail, then separate professional fees unless governing documents support different treatment. The analysis should identify capital and job creation. Residence is conditional, and Form I-829 must be filed within the 90-day period immediately before the second anniversary of obtaining that status; extra charges bypass neither stage.