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DELBURNE · EB-5 FIELD GUIDE

Does a translated promise of a fixed return become acceptable if called a forecast?

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THE DIRECT ANSWER

Changing the label does not change the actual contractual right. Guaranteed rates of return are excluded from qualifying EB-5 capital.

Read the obligation in substance

An uncertain projection and an enforceable guarantee are different. Preserve the genuine meaning of the original terms and obtain an accurate assessment. A more favourable wording in a summary cannot cure the underlying agreement.

Beside the qualifying amount, list administrative charges, escrow release conditions, legal and accounting fees, transfer costs and, for a direct enterprise, working capital the plan assumes you will supply. Investment capital should be kept separate from project or administrative charges, government fees, legal work, document preparation, and later immigration stages, and the actual agreements and current fee schedules should be reviewed before committing funds. Build one schedule listing every payment: the qualifying capital, administrative or subscription fees, independent legal fees, financial review, translation, medical examinations, and travel, with the payee and the timing beside each.