No. Capital exchanged for a guaranteed rate of return or contractual repayment right is excluded by the EB-5 capital definition.
Examine both levels of the arrangement
Read the funding obligation and the enterprise’s promises separately. The narrow enterprise-only discretionary buyback exception is not a general investor guarantee: exercising it requires petition withdrawal unless sustainment and the other requirements have been fulfilled. The size of the investment does not cure a disqualifying term, and private fees do not automatically count as capital.
A regional centre administrative fee, government filing charges published in the USCIS fee schedule for the investor petition, the residence application and the later removal of conditions, plus immigration and securities counsel and a professionally prepared source of funds report. The standard amount is one million and fifty thousand United States dollars, reduced to eight hundred thousand for an enterprise in a targeted employment area or for an infrastructure project, with statutory adjustment beginning on the first of January, 2027. The useful review identifies the recipient, purpose, refund terms, and evidence for each transfer, rather than combining everything under 'investment.' Obtain current official fee schedules and read project documents for distinct charges.