The regulations governing the EB-5 visa program allow investors to use a wide variety of sources to fund their projects as long as the job creation requirements are fulfilled. Retirement funds are a legitimate source for EB-5 investments. Naturally, investors who use retirement funds to finance their EB-5 projects may incur fees and taxes depending on when they access the funds. Other possible sources of funds include the sale of real estate property, the sale of company stock, inherited funds, and savings. Regardless of the source of their invested funds, investors must always show United States Citizenship and Immigration Services (USCIS) that they are the legal owners of the funds and that the funds were obtained lawfully.
Investors should note that the funds they use to cover the administrative fees associated with EB-5 investments will also be examined by USCIS. USCIS requires investors to submit documentary evidence proving the source of their funds along with Form I-526, Immigrant Petition by Alien Investor.
Investors can use funds from several different sources, so they may have to submit a wide variety of documentation with their I-526 petition. For instance, they may need to gather copies of court decisions, tax returns, business registration records, purchase agreements, bank statements, or other evidence.
In the case of inherited funds, for instance, investors may need to prove that the deceased person obtained the funds lawfully. They may also have to prove their relationship to the deceased person who bequeathed them the funds. To provide such evidence, investors could submit documentation such as copies of the deceased person’s death certificate and will. On the other hand, if investors are using their savings to fund their EB-5 project, they may need to submit their employment records and tax returns to prove that the funds were sourced lawfully.
Due to the complexity of the I-526 petition, investors would benefit from hiring an immigration attorney and experienced EB-5 consultants. These professionals can help investors document their sources of funds accurately and avoid a petition denial.
