Can a Relative Sponsor Your EB-5 Visa?

The EB-5 Immigrant Investor Program presents a unique pathway for foreign nationals to obtain U.S. permanent residency through investment. For many, however, coming up with the required investment amount, $800,000 in a targeted employment area (TEA) or $1,050,000 elsewhere, can be a daunting task. One frequently asked question by prospective investors is whether a family member or relative can “sponsor” their EB-5 visa by providing the necessary investment funds.

While a relative cannot sponsor an EB-5 petition in the same way they might for a family-based visa, they can contribute funds that the investor uses as a gift to meet the program’s investment requirements. However, doing so brings specific responsibilities and documentation obligations that must be carefully followed to satisfy U.S. Citizenship and Immigration Services (USCIS) rules.

What Does “Sponsorship” Mean?

In traditional immigration contexts, like the family-based Green Card process, sponsorship implies that a U.S. citizen or lawful permanent resident petitions for a relative to immigrate and signs an affidavit of support. That’s not how the EB-5 process works.

The EB-5 program is not based on family sponsorship. Instead, it is an employment-based visa category that allows immigrants to gain lawful permanent residence in the United States by investing capital in a U.S. new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

So, if your relative wants to “sponsor” your EB-5 application, what they’re really doing is providing the money you need to make the required investment. This assistance usually comes in the form of a gift, and USCIS allows this as long as the source and path of the funds are properly documented.

Can EB-5 Funds Be Gifted?

Yes, EB-5 investment funds can be gifted. In fact, this is a common practice, especially among younger investors such as international students or recent graduates, who may not yet have accumulated the required capital on their own. A parent, grandparent, or other relative may gift the funds to help the investor meet the program’s financial threshold.

However, gifted funds raise unique documentation challenges. USCIS scrutinizes all EB-5 applications to ensure the funds were obtained lawfully and that the transaction is legitimate. It’s not enough to simply say that the capital is a gift—you must prove it.

What Kind of Documentation Is Required for Gifted Funds?

To prove that gifted funds are legitimate, the following documentation is typically required.

Gift Letter

The most critical piece is a notarized gift letter. This letter must:

• Identify the donor and the recipient.
• Clearly state the amount of the gift.
• Declare that the funds are a gift with no expectation of repayment.
• Specify the date the gift was made.
• Include the donor’s signature, and preferably be notarized.

This letter is submitted to USCIS as part of the I-526E petition.

Proof of the Donor’s Source of Funds

The gift letter alone is not enough. USCIS requires evidence that the donor legally earned or acquired the funds they are gifting. Acceptable documentation includes:

• Tax returns.
• Bank statements showing savings accumulation.
• Property sale records.
• Business earnings documentation.
• Inheritance papers (if applicable).

Proof of Fund Transfer

You will also need to show how the funds were transferred. For this, you can use:

• Bank transfer records from the donor to the investor.
• Any intermediate steps if the money passed through multiple accounts.

Proof of Relationship

To establish credibility and context, you’ll need to demonstrate your relationship with the donor. This might require:

• Birth certificates.
• Family records.
• Sworn affidavits, if needed.

Alternatives to Gifted Funds

If receiving a gift isn’t possible or practical, investors still have several alternative funding strategies that meet USCIS requirements. Loans, whether secured or unsecured, may be used to cover the required investment, as long as their source and repayment terms are properly documented.

Business owners can also rely on profits from their enterprises, while accumulated personal savings remain one of the simplest options, provided they are well-documented. Inheritance is another acceptable source, as long as the funds are supported by a clear paper trail.

Since each of these funding methods comes with its own documentation and compliance requirements, it is essential to work with an experienced EB-5 immigration attorney to ensure everything is properly structured.

Your Family Can Help, With the Right Preparation

While a relative cannot sponsor your EB-5 visa in the traditional immigration sense, they can provide you with the funds required to make the qualifying investment. Doing so through a properly documented gift is perfectly acceptable to USCIS.

However, the process demands transparency, meticulous recordkeeping, and a clear paper trail. Failing to meet USCIS standards for source and path of funds could result in significant delays, or outright denials of your EB-5 petition.

Given the complexity and financial stakes involved, consult with an EB-5 immigration attorney early in the process. With proper guidance and planning, a family member’s financial support can indeed help you achieve the American Dream through the EB-5 visa.

EB5AN has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States. Our team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about your EB-5 investment options, book a free call with our expert team today.