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Investor EB-5 Eligibility: Proving Source of Funds

Prospective investors aiming to participate in the United States EB-5 program in order to obtain U.S. residency and Green Card must invest $900,000 in the U.S. economy. The U.S. government mandates that this must be a true investment and therefore it must be “at risk” as with all investments they must hold a chance for gain and a risk for loss. Another requirement of the program is that the capital investment amount must be obtained from a lawful source and prospective investors seeking to participate in the program must provide documentation proving that the source of their funds was obtained in a lawful manner, meaning that both the source and the path of the funds are lawful. Ensuring the proper quality and nature of the source of funds documents for the application is what a licensed professional should best help you with.  

Failure to provide sufficient documentation regarding the source of funds may result in a rejection of a prospective applicant’s I-526 petition, in which case the investor would have to restart the application process resulting in further delays in their receival of a U.S. Green Card. Although denials are generally uncommon, putting together the correct blend of documents based on the background of each investor is what an EB-5 professional would be responsible for. 

The documentation to be provided by each prospective investor is dependent on their specific situation and their financial background. Once the required documentation is obtained, a source of funds attestation declaration can be drafted for the EB-5 investor demonstrating the source and path of the funds. At the American Legal Center, this declaration has been very helpful for the U.S. based officer reviewing the client’s EB-5 application since it serves as a brief outline or summary in the clients’ own words. The declaration of source of funds can be complex as in some situations the investment capital may have originated from multiple sources. The below is a list of the basic documents to be obtained for each corresponding source that prospective investors must provide:

1. Business Owners: 

    • Business registration documents
    • Business organizational documents
    • Ownership records
    • Business card
    • Business profile and/or brochures
    • Appraisals
    • Accounting or sales records

2. Investments:

    • Brokerage statements
    • Retirement accounts statements
    • Stock certificates
    • Tax returns

3. Loans:

    • A loan must be secured against assets that have a definitive value and their net present value must be determinable, therefore documentation regarding the collateral used to obtain the loan must be provided.

4. Employment Earnings:

    • Earnings statements/salary certificates
    • Bonus letters
    • Employment contracts
    • Bank account statements
    • Records of deposits dating back to a minimum of five years

5. Gifts:

    • If the source of funds of the main applicant is being gifted by another individual, then the source of funds documentation of the gifter is required. Additionally, the application must be supplemented by a gift declaration signed by both the gifter and the applicant.

6. Inheritance:

    • Any relevant estate documentation

The collation of the required source of funds documents can be daunting for prospective investors, therefore, consulting with an experienced EB-5 specialist or immigration attorney would assist the applicant in determining the right documentation to be obtained. As U.S. government officers impose a high level of scrutiny for the verification of the source and path of funds, a prospective investor will undoubtedly benefit from working with an EB-5 specialist and an immigration attorney in putting their application together in the correct manner supplemented by the required documentation.

 

Our team of U.S. licensed lawyers have years of experience in helping individuals and families apply for U.S. residency via the EB-5 program. If you are ready to start your migration journey with The American Legal Center of Dubai, contact us today for more information.

 

 

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