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Even though investing in the EB-5 program is one of the best way for foreign investors and their families to gain permanent residency status in the U.S., the program also have very strict guidelines and requirements. This is especially true for the source of funds requirement. Investors must provide documentation that prove that their EB-5 investment capital originated from lawful sources. While this sounds relatively easy, the USCIS is very strict when it comes to evaluating these documents, which makes this one of the most difficult requirements to fulfill.

It’s case by case

It is quite difficult to offer general advice when it comes to lawful sources of funds because each EB-5 investment is different and each case requires different documentation. Procedures can also vary by country. Additionally, if the documents are not in English, the investors will also need to supply the certified translations in English.

Below is a list of potential source of funds documents:

  1. Records of private transactions

  2. Investment records

  3. Tax return

  4. Loan documentation

  5. Bank statements

  6. Sale of asset records

How long does it take to gather the documentation?

The length of time depends on each investor’s case and their country. Investors should consult an immigration lawyer to determine the most suitable source of funds for their case. They should also start preparing the lawful sources of capital in the planning stages, considering that their attorney will likely ask for the documents much prior to the submission of I-526 petition. Furthermore, delays in the document gathering process will delay the submission f I-526 petition, which will eventually delay their immigration to the U.S.



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