Select Webinar Highlights: EB-5 Source of Funds for Indian Investors with Ahmed Khan
Full Webinar: EB-5 Source of Funds for Indian Investors with Ahmed Khan
Many EB-5 investors who have completed the immigration process note that the most challenging step is gathering the source-of-funds documentation for Form I-526E.
USCIS requires EB-5 applicants to submit a thorough documentation package tracing the origin of their capital—and an incomplete or contradictory application may result in significant delays or an outright denial.
In fact, unsatisfactory source-of-funds documentation is the most common reason for I-526E denials. The earlier EB-5 investors start gathering the needed records, the faster they can file Form I-526E and begin the EB-5 immigration process.
However, there is a lack of transparency in the EB-5 market around the requirements for source-of-funds packages. EB5AN is committed to educating EB-5 investors about this crucial step toward obtaining U.S. Green Cards and helping them avoid common pitfalls that may result in costly delays.
We are pleased to announce that EB5AN partner Ahmed Khan, an experienced immigration attorney and authority on the EB-5 program, is offering a free source-of-funds consultation for EB-5 investors.
A consultation with Ahmed will help you get a clearer understanding of how to gather the source-of-funds package for your unique situation, giving you a head start on filing Form I-526E.
This article features several excerpts from Ahmed’s recent webinar, “EB-5 Source of Funds for Indian Investors”, which provides new EB-5 investors with a valuable introduction to the source-of-funds process.
Book a Free Source-of-Funds Consultation with Ahmed Khan
Source-of-Funds Guidance from an Experienced EB-5 Attorney
The Importance of Source-of-Funds Documentation
Compiling a Successful Source-of-Funds Package
Source-of-Funds Guidance from an Experienced EB-5 Attorney
Before joining EB5AN as a partner, Ahmed worked as an immigration attorney at prestigious law firms including Fragomen, Klasko Immigration Law Partners, and BAL. He also served as a vice president at CanAm Enterprises.
Ahmed’s track record of over 500 EB-5 petition filings and 10 years in the EB-5 industry places him in an elite group of EB-5 immigration attorneys. Having compiled source-of-funds packages from a wide variety of EB-5 investors, he is in a unique position to help you get a timely approval of Form I-526E.
“During my practice as an EB-5 immigration attorney, I discovered that each investor’s financial situation is unique,” notes Ahmed. “I tailored my approach to each client and took the time to compile a comprehensive source-of-funds package that USCIS could easily trace and verify.”
“It’s gratifying to have helped many EB-5 investors get USCIS approvals and move closer to getting permanent U.S. Green Cards. By offering source-of-funds consultations, I now look forward to helping new investors gain a clearer understanding of what USCIS expects in Form I-526E.”
The Importance of Source-of-Funds Documentation
When reviewing an EB-5 investors’ source-of-funds documents in Form I-526E, USCIS looks for proof that 1) the investor’s funds were sourced lawfully and 2) all required taxes, both in the United States and abroad, were paid on the funds.
USCIS has a high evidentiary standard for this section of Form I-526E, requiring investors to prove the legality of their funds with a “preponderance of the evidence.”
This means that simply providing tax returns is not enough; EB-5 investors must compile exhaustive documentation that shows exactly how their funds were sourced originally.
For example, notice the level of detail in this redacted source-of-funds package from an EB-5 investor’s Form I-526E:
Download the Free Source of Funds Sample
Compiling a Successful Source-of-Funds Package
EB-5 applicants use a variety of sources to fund their investments. As each investor’s case is unique, there is no standardized set of documents for tracing the source of funds on Form I-526E. Rather, EB-5 investors must work with their immigration attorneys to determine which documents are needed to satisfy USCIS’s evidentiary standard and trace the funds to their source.
Many investors use more than one source of funds, requiring them to include a variety of documents on Form I-526E.
Watch Ahmed explain the difference between the common sources of funds used by EB-5 investors.
The following table shows common sources of EB-5 funds and some of the documents that are typically included on Form I-526E.
| SOURCE OF FUNDS | DOCUMENTS TO OFFER AS PROOF |
| Loans |
|
| Gifted funds |
|
| Stock proceeds |
|
| Sale of property |
|
| Inheritance |
|
| Salary payments |
|
Webinar Excerpts: Best Practices for Common Sources of EB-5 Funds
In the following video excerpts, Ahmed explains the best ways to document eight common sources of EB-5 funds. He also points out problems that EB-5 investors frequently run into with each source of funds—and how to avoid these pitfalls.
Ordinary Income
Best Practices
Common Problems
Capital Gains
Best Practices
Common Problems
Gifts or Inheritance
Best Practices
Common Problems
Loans from Third Parties
Best Practices
Common Problems
Case Study and Sample Cover Letter Template for EB-5 Source of Funds
Through his experience compiling hundreds of I-526E petitions, Ahmed is familiar with the most effective evidence for each source of EB-5 funds.
Below, he goes through a real-life example of how to document loaned EB-5 funds secured by real estate.
Ahmed also provides a sample template of the cover letter for an EB-5 investor’s source of funds section on Form I-526E. EB-5 investors and immigration attorneys can use this template as a starting point for compiling their source-of-funds packages.
Working with an EB-5 Immigration Attorney
An experienced EB-5 immigration attorney can help you compile your source-of-funds documentation, streamlining the process and helping you get a timely approval from USCIS.
Your immigration attorney’s expertise will be a major factor in determining your chances of immigration success through the EB-5 program. Finding the right attorney can be the key to getting U.S. Green Cards for yourself and your family.
Experience Compiling EB-5 Petitions. An EB-5 attorney’s experience is a crucial indicator. While several attorneys offering their services to EB-5 applicants may have only worked on a handful of I-526E petitions—or none at all—the best practice is to work with an attorney who has ample EB-5 experience.
In fact, the best attorneys in the EB-5 field have compiled hundreds of I-526E petitions. These attorneys are familiar with the various issues that can arise when tracing an EB-5 investor’s source of funds, and they are familiar with USCIS’s approach to reviewing an investor’s documentation.
We recommend finding an attorney who has been working with EB-5 investors for at least five years.
Of course, each EB-5 investor’s documentation will be unique, depending on how they sourced their EB-5 funds. An investor’s country of origin often has an impact on the source-of-funds package as well.
Therefore, look for an immigration attorney who has preferably worked with investors with similar sources of funds and who are from your country.
Depending on your nationality and investment goals, you will have to decide between investing in an urban or rural EB-5 project. An experienced immigration attorney can help you choose the best EB-5 project for your situation.
In the video below, Ahmed outlines the differences between urban and rural EB-5 projects, and how each one can impact your immigration timeline.
Track Record. Besides looking at an attorney’s experience, you should also check their track record of previous I-526E filings. The most trustworthy attorneys value transparency and are willing to share their history of I-526E approvals, denials, and requests for evidence (RFEs).
Attorneys should also be willing to share testimonials or reviews from previous clients. Are the attorney’s previous clients satisfied with their services, especially gathering the source-of-funds package? Have they made progress in the EB-5 immigration process?
In addition, find out what regional centers the attorney has worked with in the past. These regional centers should be reputable, in good standing with USCIS, and not facing major lawsuits.
If an attorney refuses to share their track record, has received several denials or RFEs, is known for being unresponsive, or has previous clients with credible negative feedback, these are major red flags.
Work with EB5AN to Get Your EB-5 Green Cards
EB5AN prioritizes educating EB-5 investors on the intricacies of the EB-5 program. We currently offer both rural and urban EB-5 projects. Ahmed briefly showcases our current projects below.
We invite you to explore our free resources, which cover all the major steps in EB-5 immigration, including investor eligibility, selecting an EB-5 project, and finding a trustworthy regional center.
