Importance of Lawful Source of Funds for EB-5 Investors

Ishaan Khanna
May 13, 2020

To file an I-526 petition and engage in the EB-5 Program investors must invest a minimum of $900,000 into a “job-creating” New Commercial Enterprise or NCE. A critical requirement when submitting an I-526 application is to prove the invested capital came from “lawful” sources of funds (“SOF”). Investors work with a US Immigration Attorney and financial professionals to gather and submit SOF documentation with the I-526 petition.

USCIS requires documented evidence the capital investment not only came from lawful sources, but the path of funds from the investor’s home country to the U.S. investment shows a direct link to the investor. Funds can generally be sourced from anywhere in the world (including the US) provided the capital legally belongs to the investor.

Proper documentation of source and path of funds is critical. Funds required for the EB-5 investment can include:

  • Accumulation of salary
  • Earnings from business ownership
  • Proceeds from sale/mortgage of real estate property
  • Gifts from Family
  • Inheritance

More complicated tracing of funds typically leads to larger SOF files. Think “point in time” events that show clear ownership of the funds. Investors must work with their immigration attorney to prove the funds for their investment are coming from lawful sources. You may use the proceeds of a loan for your investment, but it is best practice to secure the loan by an asset.

EB5 United has helped over 1000+ investors obtain more than 2,000 green cards for family members with a 100% I-526 and I-829 approval rate. To maintain this rate of success we set high standards for the attorneys we recommend to you in order to ensure your case receives the best treatment possible from a Source of Funds perspective. 

Contact us today for a free consultation, where we can recommend you a top immigration attorney that is best suited to handle your unique case.


Ishaan Khanna
Director of Investor Relations, India
+1.323.218.9894 (WhatsApp)
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