Proving Lawful Sources of Funds

Can i Prove “Lawful Source of Funds”?

Potential EB-5 investors cannot meet the EB-5 Program requirements without sufficient documentation of the source and path of their investment funds. EB-5 investors must provide evidence that the funds that they invest have lawful sources, as well as evidence that the funds are their own.

USCIS has stated that an investor “must prove by a preponderance of the evidence — in other words, that it is more likely than not — that [the EB-5 investor] is fully qualified for the benefit.”

what Documents will i need?

The type of documents needed depends on the source of your funds. Each investor’s application will be different, and only an immigration attorney, with experience handling investor visa applications, can give you accurate information.

The evidence necessary might include the following:

Bank statements
Tax returns
Employment records
Loan documents
Investment records
Property records
Gift records
Business accounting records

When SHould i Start?

As you prepare to invest in the EB-5 Regional Center program, you should begin thinking about the “lawful source” of your investment funds. Your lawyer will want you to produce these documents well in advance of submitting your I-526 application to USCIS.

Depending on the country the investor is from and the age of the records, gathering these records may be time consuming and burdensome. Begin early, so that you can get your EB-5 application filed as soon as possible. Currently the EB-5 Regional Center program is set to expire on June 30, 2021!

What Can i Do about old records that may no longer be available?

In some cases the records required to prove lawful source of fund may not be available to you. For example, bank account statements no longer archived by your bank. However, just because direct records no longer exist, doesn’t mean you are completely out of luck. Perhaps, you can provide a sworn affidavit from your accountant providing the same information with an explanation as to why bank statements no longer exist. Regardless, the more information, affidavits, and documents you can provide, the stronger your application will be.

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