Wondering if a relative can sponsor your EB-5 visa is a fair question, especially if you have family members who are willing to support your dream of living and working in the U.S. However, the EB-5 program works differently from family-based visas. It is an investment-based immigration pathway, not a sponsorship-based one.

In EB-5, the main focus is on the source and legitimacy of the funds used for the investment. Because of this, sponsorship has a different meaning in the EB-5 context. If you are wondering whether a family member can provide money for your EB-5 investment, the short answer is yes, but there are important rules you need to follow.

In this article, we will walk you through what sponsorship means for EB-5 investors and how to ensure your gifted funds stay compliant with USCIS requirements.

How Sponsorship and Investment Support Are Defined

In traditional immigration programs like the family-based Green Card process, “sponsorship” means a U.S. citizen or lawful permanent resident petitions for a family member and provides financial support through an affidavit of support. However, the EB-5 program works differently.

The EB-5 program is not a family-based immigration category but an employment-based Green Card pathway. It allows foreign investors to obtain U.S. permanent residency by investing capital into a new commercial enterprise (NCE) that creates at least 10 full-time jobs for U.S. workers.

When a relative offers to “sponsor” your EB-5 application, what they’re actually doing is helping you meet the required investment amount. In this case, their role is financial, not legal. The relative provides the capital as a gift, and this is fully acceptable under EB-5 rules, as long as the source of funds and path of the funds are clearly documented and proven to be lawful.

Can I Receive Gifted EB-5 Funds?

Yes, you can accept EB-5 investment funds that come as gifts. In fact, this is a common route for younger investors such as international students or recent graduates who may not yet have the required capital. Parents, grandparents, or close relatives often provide the investment amount as a financial gift.

However, while gifting is permitted, it introduces extra documentation and information requirements. USCIS must confirm that the funds were obtained legally and that the gift is genuine.

USCIS Documentation Requirements for Gifted EB-5 Funds

To prove that gifted funds are lawful and meet USCIS standards, specific documentation must be included in the investor’s I-526E petition. These include:

1. Gift Letter

The first and most important document is the gift letter. This letter is to be submitted to USCIS as part of the I-526E petition and must:

• Identify the donor and the recipient.
• Clearly state the amount of the gift.
• Declare that the funds are a gift with no expectation of repayment.
• Specify the date the gift was made.
• Include the donor’s signature, and preferably, be notarized.

2. Proof of the Donor’s Source of Funds

The gift letter alone is not enough. USCIS requires evidence that the donor legally earned or acquired the funds they are gifting. Acceptable documentation includes:

• Tax returns.
• Bank statements showing savings accumulation.
• Property sale records.
• Business earnings documentation.
• Inheritance papers (if applicable).

3. Transfer Records

You will also need to show how the funds were transferred. For this, you can use:

• Bank transfer records from the donor to the investor.
• Any intermediate steps if the money passed through multiple accounts.

4. Proof of Family Ties

To establish credibility and context, you’ll need to demonstrate your relationship with the donor. This might require:

• Birth certificates.
• Family records.
• Sworn affidavits, if needed.

Other Legal Ways to Fund Your EB-5 Investment

If receiving a gift is not an option, investors can still fund their EB-5 investment through several other legitimate methods that meet USCIS requirements. Each option must be properly documented to show the lawful source and movement of funds. Here are the most common alternatives:

• Loans: Investors may use secured or unsecured loans to cover the required investment.
• Business profits: Profits from a personally owned enterprise can be used for EB-5 investment.
• Personal savings: Accumulated personal savings are another acceptable option.
• Inheritance: Funds received through inheritance can also qualify as EB-5 capital.

Because each funding option has unique compliance and documentation requirements, it’s important to work closely with an experienced EB-5 immigration attorney to ensure everything is properly structured.

Make Your Family’s Support Work for You

Family financial support can make a big difference in your EB-5 journey, but it must be handled carefully. USCIS needs to see that the funds were earned legally, transferred properly, and now belong to you before they are invested. In practice, many investors find this process easier with the help of experienced EB-5 professionals.

EB5AN has guided more than 2,700 families from over 70 countries through this process to become Green Card holders successfully.

Book a free call with our expert team today to better understand how your family’s support can help you build a secure path toward permanent residency in the U.S.