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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Should the EB-5 budget include a buffer for uncertain redemption proceeds?

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THE DIRECT ANSWER

Identify the uncertainty and the actual amount required rather than assuming a quoted value will settle unchanged. A personal planning buffer does not alter the legal investment threshold.

Separate the threshold from the total transaction budget

The current general investment amounts are US$1,050,000 or the qualifying US$800,000 amount, subject to statutory adjustment beginning January 1, 2027. Add applicable project charges, government fees and professional costs separately; not every expense is qualifying capital. Explain exchange, settlement and redemption terms from the records.

Neither a buffer nor a higher payment guarantees project performance or immigration approval. Hypothetical example: A Trois-Rivières musical-instrument wholesaler expects to contribute the qualifying amount after a currency conversion and account redemption. Prepare separate lines for qualifying capital, project charges, government fees, legal work, bank costs and any financial buffer.

The first review should reconcile the amount that reaches the enterprise with the transfer records and explain how exchange or redemption changes the available sum. A higher overall budget does not mean every expense counts as qualifying capital. The decision is whether the supported funds meet the applicable threshold and can remain committed at risk under the selected structure.

Do not use a projected resale value or an uncommitted reserve to fill a shortfall. Preserve the invoices and wire evidence so the stated cost categories remain transparent.