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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Does an administrative fee buy a Saguenay investor additional qualifying jobs?

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THE DIRECT ANSWER

A fee payment does not by itself establish qualifying jobs or their allocation. Review what the charge actually covers and how the project satisfies the requirements. Capital, administrative expenses and job evidence are distinct matters; paying more is not an immigration guarantee.

Request an itemized financial explanation

Separate the qualifying contribution, project charges, government fees and professional scope. Assess actual use rather than relying only on a fee label. The overall cash needed may exceed the investment threshold without making every dollar qualifying capital.

A first review should distinguish qualifying capital from administrative, legal, project, and travel expenses, then trace every payment to a signed instruction and bank record. The total cash outlay can exceed the threshold without making every dollar qualifying capital. The investment must be exposed to loss, the case must support ten qualifying full-time jobs, and residence is conditional before I-829. Hypothetical example: A food-waste anaerobic digestion project labels a marketing charge as capital in its brochure. The investor should read the governing agreement and payment receipt to determine its actual use. A fee label, refund promise, or large total does not establish that the money is deployed in the required manner.

The investor should also confirm whether any amount is refundable and under which written condition, without treating a refund clause as elimination of risk.

Request a schedule that labels qualifying capital, administrative charges, government filing fees, professional work and remittance expenses separately. Ordinarily the capital threshold is US$1,050,000. It is US$800,000 for a qualifying infrastructure project or one in a targeted employment area; an extra project fee does not count automatically toward either threshold. Verify current filing charges through official instructions for Form I-526E in a regional-center case or Form I-526 in a direct investment. Ten full-time qualifying U.S. jobs, lawful source and path of funds, and the later two-year conditional-residence and Form I-829 requirements remain independent. The common mistake is treating total cash outlay as qualifying investment without reading how each payment is used.

Hypothetical example: A Saguenay sustainable-packaging executive reviews an offering with capital, syndication expenses and legal costs on one invoice. She obtains an itemized explanation, traces the investment portion from retained earnings and checks the job-allocation material apart from fees. A higher administrative payment might cover project services, but it cannot purchase a missing job or substitute for capital placed at risk.