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Can Legal Fees Be Included in Your EB-5 Investment?

By June 11, 2024EB-5 Visa
A gavel and money

The EB-5 Immigrant Investor Program is a popular pathway for foreign investors seeking to obtain a U.S. green card through investment. A crucial question often arises: Can legal fees be included in the EB-5 investment amount? The short answer is no.

Legal and Administrative Fees Exclusion

In March 2022, a significant change was made to the EB-5 regulations, explicitly prohibiting the inclusion of legal fees and other administrative fees as part of the investment amount. This means that any legal fees paid to immigration attorneys, administrative fees paid to regional centers, or fees for accounting and related services cannot be counted towards the $800,000 or $1,050,000 investment required for the EB-5 program.

Source of Funds Analysis

While these fees cannot be included in the investment amount, they still play a role in the overall process. It is essential to show the source of funds for these expenses. This requirement ensures that all funds used in the EB-5 process are lawful and properly accounted for. Therefore, when preparing your EB-5 application, make sure to document where the money for legal and administrative fees is coming from.

Investment Amount Requirements

To meet the EB-5 program’s requirements, you must make a qualifying investment of either $800,000 in a targeted employment area (TEA) or $1,050,000 in a non-TEA. This investment must be in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers.


Navigating the EB-5 process can be complex, especially with the recent changes in regulations. It is crucial to understand that while legal and administrative fees are necessary expenses, they do not count towards your investment amount. Properly documenting your source of funds for these fees is essential to ensure a smooth application process.

To gain further insights into the EB-5 program or any other immigration-related matters, feel free to explore our free resources and schedule a consultation with our expert immigration attorneys. We are dedicated to supporting you every step of the way.

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