EB-5 Compliance Basics: Source Of Funds

This article discusses EB-5 compliance documentation needed for lawful sources of funds.

When an investor commits to the EB-5 Program they invest a minimum of $500,000 into a job-creating new commercial enterprise. One of the major requirements of the EB-5 Program is that the investors prove that their capital came from “lawful” sources. They can prove their funds came from lawful sources by submitting documentation and showing EB-5 compliance.

USCIS requires documentary evidence that:

Proves that the investor has a certain level of income;
That this income allowed the investor to attain the wealth needed to invest the required amount of funds in the EB-5 project;
That this capital investment came from lawful sources;
That the path of funds from the investor’s home country to the U.S. investment shows the link to the investor;
And, that these documents are translated into English.

Depending on where an EB-5 investor’s capital came from and whether it came from multiple sources, an EB-5 investor may be required to provide:

Business documents

Type of business
Investor’s role in business
Appraisal
Business sale proceeds that went to the investor

Company issued loan documents

Evidence needed to show that the company had a company loan agreement and that the Â company placed the funds into the EB-5 investor’s personal bank account.

Employment salary and/or dividends documents

Tax returns
Bank account statements
Employee contract and pay statements

Investments or securities accounts documents

Stock certificates
Bank account statements

Real estate documents

Type of property
Rental income
Sale proceeds
Appraisal price

Miscellaneous sources documentation

Family gifts
Inheritance
Divorce alimony or property settlements
Recoveries from lawsuits
Donor gift

This list only contains a very simple overview of what documentation an investor may or may not need to provide. An investor may not need to provide evidence from multiple categories if they are not relevant to their application. Additionally, within each of these categories, it’s important to understand that an investor will need to provide extensive documentation. This article on EB-5 compliance basics should not be used to replace conducting due diligence or consulting with an immigration attorney. To find out more about what may be requested of an EB-5 investor, consult with an experienced EB-5 immigration attorney.