Schedule a call

Investment Funding & Source of Funds

Can I use a loan or gift for my EB‑5 investment?
Yes, you can use a loan or gift for your EB‑5 investment, but there are critical conditions to follow. Any loan must be secured by the investor’s personal assets, not by the EB‑5 project itself. This ensures that the investment is at risk as required by the program. If using a gift, the giver should provide a clear gift letter stating that the money is a gift and not a loan, ensuring no expectation of repayment. Proper documentation is essential to prove the origin of the funds so you remain compliant with USCIS regulations and avoid delays in processing your EB‑5 application.
According to the law, the EB-5 investor needs to be “actively in the process of investing” when they file their petition. Although there is some risk associated with doing so, you may file your petition with a down payment and fund the balance, usually within a year. The benefit of a partial payment is that it allows the investor to get a place in the queue and gives them time to fund the balance. Investors still need to provide documentation on the source of funds for the full amount when they file, so it’s best to consult with your immigration attorney on this. Not all projects accept a partial investment.
Yes, you can use multiple sources to fund your EB-5 investment. The key is to clearly document and prove where all the funds came from. This may include savings, loans, gifts, or business profits. You need to gather evidence for each source, like bank statements, loan agreements, or gift letters. The goal is to show that all the funds were obtained legally. Having clear documentation will help USCIS process your application smoothly and avoid any delays.
Yes, for an EB-5 investment, you must prove where your money came from, even if it was from 10 years ago. This is to show the funds used for your investment were earned or obtained legally. USCIS requires clear documentation to trace the legal source of your investment funds. This can include tax returns, bank statements, income statements, and other documents that trace the history of your funds, showing a clear path from the original source to your EB-5 investment account.

Yes, you can use earnings from cryptocurrency for your EB-5 investment. However, it’s important to provide clear documentation to show the legal source of these funds. USCIS requires detailed evidence of how you obtained your cryptocurrency and how you converted it into U.S. dollars for the investment. Steps you might need to take include:

  • Providing records of your cryptocurrency trading history.
  • Documenting how you converted cryptocurrency to a fiat currency.
  • Showing tax filings related to your cryptocurrency earnings.
  • Consulting with legal and financial experts to ensure compliance.

Careful documentation will help prove the legitimacy of your investment funds.

If your source of funds is not fully documented for an EB‑5 investment, it can lead to immigration issues. The U.S. Citizenship and Immigration Services (USCIS) requires a clear and complete paper trail. This shows that your investment funds were legally obtained. Without full documentation, your EB‑5 petition may be delayed or even denied. Here’s what you can do:

  • Gather bank statements, tax returns, and employment records.
  • Work with financial and legal advisors experienced in EB‑5 to ensure compliance.
  • Provide a detailed explanation for any missing documents.

Complete documentation helps reduce risk and shows transparency to USCIS.

Yes, you can use money from a home equity loan to invest in an EB-5 project. However, you need to be careful and follow these steps:

  • Document the Loan: Clearly show where the money comes from. You’ll need to prove that it’s a legal loan.
  • Prove Ownership: Ensure you own the property from which the equity is drawn.
  • Show Ability to Repay: Provide evidence that you can repay the loan without affecting your EB-5 investment.
  • Compliance: Make sure the use of funds aligns with U.S. immigration rules and SEC requirements.

Speak with a financial advisor or attorney to ensure all requirements are met for a smooth investment process.

Yes, you can invest in the EB-5 program using funds from a company you own. The key is to prove that the funds are legally obtained and that they belong to you. Here’s what you need to do:

  • Provide documentation that confirms your ownership of the company.
  • Show clear evidence of how the company’s funds are available to you—like dividends, salary, or loan agreements.
  • Keep detailed records to prove the lawful source and path of the funds.

If you are using gifted money for your EB-5 investment, it’s important to provide clear documentation. Here’s what you’ll typically need:

  • Gift Letter: A letter from the donor confirming the gift and stating there is no obligation to repay.
  • Donor’s Source of Funds: Proof of how the donor acquired the money, like salary statements or business records.
  • Bank Transfer Records: Evidence showing the money was transferred from the donor to you.
  • Relationship Evidence: Documents showing your connection to the donor, like birth or marriage certificates.

It’s crucial to keep all documentation honest and transparent to minimize immigration risk.

When you invest in an EB-5 project, you’ll need to provide bank documents to prove your fund transfer. Here’s what you typically need:

  • Bank Statement: This shows the withdrawal of funds from your account.
  • Wire Transfer Receipt: Proof that you sent the investment money to the project’s account.
  • Bank Letter or Certificate: Confirms your bank’s involvement in the transfer.
  • Transaction History: Details of the transaction from your bank, showing the money movement.

Make sure all documents are clear and legitimate. These documents help confirm that your funds are lawful and that the transfer was proper.

Yes, any financial records that are not originally in English must be translated into English for the EB-5 application. This ensures that USCIS can properly review and understand your financial documents. When translating, make sure to include a certification from the translator confirming that the translation is accurate and complete. It is important to use a qualified translator to avoid any errors that could delay your application.

Explaining a mix of cash and property sale as your source of funds for an EB-5 investment involves showing where the money came from clearly. Here’s how you can break it down:

  1. Cash Savings:
    • Provide bank statements showing your savings over time.
    • Explain how the cash was accumulated (e.g., salary, business income).
  2. Property Sale:
    • Show the property sale agreement and proof of the real estate transaction.
    • Document any loans or mortgages that were paid from the sale.
  3. Combine Documentation:
    • Show how the cash and property sale proceeds add up to the investment amount.
    • Ensure all documents are legal and translated into English if necessary.

Connect With Us

Call or Email for more information »
Subscribe to Receive EB-5 Project Updates »