Can someone other than the EB-5 investor pay the legal and filing fees for the EB-5 application?

It is possible for someone other than the EB-5 investor to pay the legal and filing fees for the EB-5 application. However, all funds used to pay these administrative costs and fees must be sourced, meaning that the investor must demonstrate the funds were obtained through lawful sources. In addition, anyone who transferred funds to the United States on behalf of an EB-5 investor must be identified, and all loans and gifts must be made in “good faith.”

Throughout the EB-5 investment process, investors will be required to pay the filing fees for several different petitions. These fees must be paid at the time of filing their respective petitions; if the incorrect fee is sent, United States Citizenship and Immigration Services (USCIS) will return the petition to the EB5 investor. USCIS occasionally updates their filing fees, so an investor should check the USCIS website before filing to ensure they include the correct amount.

The vast majority of EB5 investments are made through regional centers. Through this investment method, regional centers handle many aspects of a project on behalf of an investor. In exchange for these services, an investor must pay an administrative fee, which typically ranges between $50,000 and $70,000.

Source of Funds Requirement

The requirement of proving where investment funds originated from are the same for both types of EB-5 investments—regional centers and direct investment projects. An investor must prove that the funds were obtained through lawful means with evidence that is accurate and up to date. Since investment funds typically come from multiple sources, it would be in an investor’s best interest to work with an EB-5 industry professional, such as an immigration attorney, to help guide them through the process.

USCIS does not provide a list of specific documents that EB-5 investors can submit as evidence for source of funds. This is likely because each individual investor’s circumstances are unique to them, and a wide range of documents are acceptable.