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What Counts as “Lawful Funds” for the EB-5 Program?

One of the requirements of the EB-5 program is that an investor’s capital has been obtained through “legal sources.” What exactly does United States Citizenship and Immigration Services (USCIS) mean by “legal sources”? It’s important to know because EB-5 investors must document the lawful source of their funds on their I-526 petition.

What Documents Should EB-5 Investors Submit to Prove Source of Funds?

According to the USCIS website, a variety of documents are suitable as evidence of the lawful source of EB-5 funds. I-526 petitioners must submit the following documentation, where applicable:

In addition to proving the lawful source of funds, EB-5 investors are required to show the path of their capital to the new commercial enterprise (NCE). Examples of suitable documentation include wire transfer records and bank statements.

Documenting the lawful source of their EB-5 capital can be a time-consuming process for investors, depending on the sources of capital they choose. They may need to gather large amounts of documentation spanning several years.

Every EB-5 investor’s situation is different, and USCIS may require investors to submit more evidence than listed above, depending on their circumstances. Investors must discuss the matter with immigration counsel to ensure they don’t miss any essential documentation.

Examples of Suitable Source of Funds Documentation

Common examples of documents EB-5 investors may submit to prove the source of their EB-5 investments include the following:

While these are the most common sources of EB-5 capital, EB-5 funds may also be sourced from inheritance, gifts, divorce income, lawsuit judgments, and more. If an investor receives EB-5 funds as a gift from parents, relatives, or friends, the donor must prove the lawful source of their funds for the gift.

Tips for Documenting the Source of Funds

Although collecting the required source of funds documentation can be time-consuming and cumbersome, EB-5 investors can take several steps to facilitate the process:

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