The EB-5 Immigrant Investor Program allows foreign investors to get a U.S. Green Card by investing in a U.S. business. However, they must prove that their investment funds come from legal sources. This process is called the source of funds requirement. It helps U.S. Citizenship and Immigration Services (USCIS) ensure that investors are not using funds from illegal activities.

Most foreign nationals understand that they need to provide documents to support the source of their funds. However, there are a few more details to keep in mind that can make the application process easier.

In this article, we will discuss some additional considerations that can make a huge difference when proving your EB-5 source of funds.

Understanding the Basics of the Source of Funds Requirement

To meet the EB-5 program’s rules, an investor must invest at least $1,050,000 in a new commercial enterprise (NCE), or $800,000 if the NCE is in a targeted employment area. Considering this money must come from lawful sources, USCIS wants to see a clear path showing how you earned, saved, or received the money.

Some of the most common lawful sources include:

• Income from a job or business.
• Proceeds from the sale of real estate or property.
• Inheritance.
• Gifts.
• Loans backed by assets.

Each of these sources comes with its specific documentation, and you must submit it along with your I-526E petition. For example, if the money came from a job, USCIS wants to see tax returns and pay stubs. If the money came from selling property, you will need to provide sale agreements and proof of ownership.

Additional Considerations to Keep in Mind

Sometimes, proving the source of funds is not just about having the right documents. The details behind those documents also matter because USCIS looks for a full and clear story. As such, you may face delays or denials if you leave out key details. That’s why it’s important to keep the following in mind.

1. You Might Need Your Currency Exchange Record

Many investors have to move money from their home country to the U.S., which involves currency exchange. If you use a bank to do this, it is easier to track since you can show bank statements that prove when and how the exchange took place. However, in some countries, official currency exchange may not be available or allowed.

In this case, you may use unofficial channels, such as money changers, who do not offer standard receipts. When USCIS sees these transfers, they may request more details or reject the funds as unverifiable. To avoid problems, you can keep records of:

• The currency exchange rate at the time of the transfer.
• The full amount exchanged.
• The person or business that handled the transaction.
• Any proof of exchange, such as a receipt, invoice, or written agreement.

2. Have a Clear Paper Trail for Joint Bank Accounts

Some investors share bank accounts with family members. This can make the source of funds less clear. For example, if a husband and wife share an account, USCIS may want to know whose income funded the investment.

Therefore, you should explain who owns the account, who deposited the funds, and where the funds originally came from. In this case, having a clear statement or letter from both account holders can help. It should show agreement and confirm who is using the shared funds for the EB-5 investment.

3. You Can Use Multiple Sources of Funds

Many investors use more than one source of funds. For instance, you can use your savings or sell a property. When this happens, you have to provide full documentation of each source because it’s not enough to just show the total investment amount.

The use of loans is also allowed, as long as they are secured by your assets. Unsecured loans, on the other hand, often face a deeper level of scrutiny. To keep things clear, break down your total investment into parts, label which documents support each source, and provide a timeline of events. This approach helps USCIS review the information faster and with fewer questions.

4. Gifted Funds Are Allowed

Some investors use gifted funds from a parent, friend, or family member. This is allowed, but USCIS still requires clear information on where the giver got the funds for the gift. So, both the giver and the receiver must provide the following documents:

• A signed letter that shows the relationship and confirms the gift.
• Proof that no repayment is expected.
• Records showing how the gift was transferred.

The giver must also have their own source of funds documents. This could include job records, bank statements, or sale agreements.

5. The Timing and Age of Your Document Matter

While your documents must cover the full timeline of the fund’s journey, they must also be recent enough to show that the information is still valid. Typically, your tax returns should span across seven years.

If you’re from a country where tax returns are not required, you will need audits from certified accountants and affidavits. Your bank statements should cover the months before and after key transfers. Additionally, property sale records should match the date the money entered the account.

If you are using inherited funds, you will need inheritance statements and tax records to prove their legality. You may have to rely on indirect evidence such as affidavits, letters from former employers, and government property publications. In any case, proving a legal source of funds requires the assistance of an experienced EB-5 immigration attorney.

6. Your Non-English Documents Should Be Translated

Original documents written in another language must be translated. This rule applies to all supporting materials, including bank statements, contracts, tax returns, and legal documents. There should be a full translation of the entire document, a certificate signed by the translator, and a statement that the translator is fluent in both languages.

7. You Can’t File Form I-526E Based on Future Funds

All EB-5 investment funds must be fully invested or in the process of being invested at the time you file Form I-526E. You cannot rely on money that you plan to earn or receive in the future. Although partial investments are allowed, it’s different from future funds. A partial investment is permissible when you need more time to liquidate your assets or receive dividends from other investments. In this case, you already have the funds but need time to make them available.

8. USCIS Can Still Request Further Evidence After I-526E Approval

Approval of your Form I-526E does not always guarantee a smooth path forward. USCIS can still ask for more information about your source of funds at later stages. This can happen during consular processing or when you file Form I-829 to remove conditions on your EB-5 Green Card. So, always keep your financial records complete, organized, and consistent. Additionally, be ready to provide follow-up documentation when necessary.

Partner With EB5AN for a Seamless EB-5 Process

Proving the lawful source of your funds is one of the most important, and often most complex, parts of the EB-5 process. Even if the general guidelines seem straightforward, preparing clear, accurate documentation that meets USCIS standards takes time, attention to detail, and a deep understanding of what’s required.

That’s why working with experienced EB-5 professionals makes all the difference. At EB5AN, we’ve helped more than 2,300 families from over 70 countries successfully navigate the EB-5 process and achieve permanent residency in the United States.

If you want to avoid costly delays or unnecessary complications, we’re here to help. Book a free consultation with our expert team today and take the next step in your EB-5 journey.