A Summary of EB-5 Visa Source-of-Funds Requirements

Proving That Your Investment Capital Was Legally Obtained

Perhaps one of the key elements in filing an EB-5 visa petition is demonstrating that your funds of investment have been legally obtained. It’s one of the steps in the process of filling out the Form I-526 petition—and a expensive mistake to make, one which can cause significant delays, RFEs (Requests for Evidence), or outright denial.

What Are the EB-5 Source-of-Funds Requirements?

In order to qualify for an EB-5 visa, USCIS requires investors to demonstrate, by a greater weight of evidence, that their investment capital is from legitimate sources. This is direct and indirect and whether your funds were from:

• Earned income or wages
• Sale of property or stock
• Gifts or inheritances
• Loans (secured or unsecured)
• Business profit

Investors will also be required to follow the flow of money—from source to destination, including to the EB-5 investment account.

Why This Is So Important

USCIS doesn’t have a standard list of documents. Instead, it judges each petition based on the quality of evidence and traceability. If your evidence is unclear, inconsistent, or incomplete, USCIS will issue an RFE or reject your petition outright.

Some frequent mistakes are:

• Depositing joint bank accounts without proving individual ownership
• Reporting sales or income from assets without contracts and tax returns
• Not indicating how a gift giver or lender acquired funds

What Documentation Is Required

Earned Income

• Employment agreements, wage statements, and tax returns
• Bank deposit statements

Real Estate Sale

• Sale and purchase contracts
• Property deeds, tax certificates, and bank proceeds records

Gifts or Inheritance

• Gift letters or wills
• Tax returns, insurance proceeds, and bank statements

Loans

• Loan agreements and collateral evidence
• Evidence that the lender legally obtained funds

Each case is unique, so supporting documents will be unique to your own financial past.

How We Assist

At Alliance Visa, we:

• Assess your financial past in order to find all possible sources of funds
• Assist you in compiling a traceable, thoroughly documented, and detailed source-of-funds file
• Compile supporting statements that are correct according to USCIS guidelines
• Work with accountants, attorneys, and translators as required

Ready to invest in EB-5 wisely?

Whether you’re new to EB-5 or down to your last few project possibilities, we’re here to help. Call to schedule a consultation.