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Should money gifted to an EB-5 investor be transferred directly from the benefactor into escrow?

The key issue when dealing with gifted funds is demonstrating that the funds in question are, in fact, the investor’s funds. It is generally better to have a gift be deposited into the investor’s account and then transferred to the project’s escrow account, but this is not required. In either case, the investor must be able to clearly show lawful source and transfer of funds.