The exact source-of-funds documentation depends on the source of the funds used for an EB5 investment. Because the source—or even sources—can vary significantly from one investor to the next, no standard document pack exists. For example, for an EB5 investment that consists of salary earnings, the applicant can submit their income tax returns, W-2s, bank statements, and contracts of employment, among other things. If the investment amount derives from the sale of property, the applicant can submit the purchase and sale agreements, deed tax certificate, certificate of ownership, bank statements, income tax returns, and the like.
Common sources of EB-5 investment funds include salary earnings, the sale of a business or property, investment earnings, loan proceeds, and gifted funds. Some funds derive from a combination of two or more of these. To further complicate matters, the documentation United States Citizenship and Immigration Services (USCIS) expects as proof of certain types of funds may not be available in the applicant’s country of origin.
Proving that EB-5 investment funds derive from a legal source is a crucial aspect of the I-526E petition, so it is best to work with an EB-5 immigration attorney, preferably one who has previously worked with applicants from the applicant’s country of origin. An immigration attorney with the relevant experience will not only be able to advise an applicant on which funds to use to simplify the documentation process but also on workarounds to obtain documentary evidence available in specific countries.
Those considering the EB-5 visa path should consult an attorney and begin gathering their documentation as soon as possible. The documentation process can be slow, especially when the investor has to request duplicates of documents from third parties. Starting the source-of-funds documentation process as early as possible will avoid delays later in the EB-5 process.
