How to Prove Lawful Sources of Funds

HOW CAN I PROVE “LAWFUL SOURCE OF FUNDS”?

It is imperative for Potential EB-5 investors to provide sufficient documentation of the source and path of their investment funds; otherwise, they will not be able to meet the EB-5 Program requirements because the USCIS requires that EB-5 investors provide proof that the funds being invested have lawful sources and that the funds are theirs.

USCIS has stated that an investor “must prove by a preponderance of the evidence — in other words, that it is more likely than not — that [the EB-5 investor] is fully qualified for the benefit.”

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WHAT DOCUMENTS WILL I NEED?

Your source of funds determines the type of documents you'll need to present. Each investor's application is unique, and only an experienced EB-5 immigration attorney can best guide you on the type of information you'll need.

Some of the most common documentation include the following:

• Bank statements
• Tax returns
• Employment records
• Loan documents
• Investment records
• Property records
• Gift records
• Business accounting records

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WHEN SHOULD I START?

You will want to start thinking about the "lawful source" of your investment funds as soon as you begin to prepare to invest in the EB-5 Program. An experienced EB-5 lawyer will ask you to produce this documentation ahead of submitting your I-526 application to the USCIS.

The ease with which you'll be able to gather your proof will depend on the country you live in. The process can be rather time consuming, which is why it is so important to start the process early. Starting early will also ensure that your I-526 application is filed as soon as possible.

WHAT CAN I DO ABOUT OLD RECORDS THAT MAY NO LONGER BE AVAILABLE?

Sometimes, the documents required as proof of lawful source of funds may not be available to you. This doesn't mean you are completely out of luck. Maybe you can provide a sworn affidavit from your accountant or bank. In the end, the more information and documentation you can provide, the stronger your application. Again, this is somewhere an experienced EB-5 immigration attorney could help best guide you.