Compiling the documentation necessary to prove lawful sources of their funds is an often over-looked EB-5 requirement.

Not doing a thorough job of compiling evidence can cause an investor to face delays or worse yet, outright denial of their application. If an investor receives a request from USCIS for further evidence, this can delay the whole process and can push back an investor’s timeline, which typically adds a lot of stress to their already full plate.

When an investor begins their EB5 application, they know in their minds exactly what funds they intend to use for their investment, but they don’t think about the required documents they need to provide with their I-526 petition to prove the lawful sources of these funds.

If an EB5 investor has options when it comes to deciding what funds they are going to use, it may be helpful to think about the following before committing to a certain capital source:

  1. Which source will be the easiest to obtain documentation for?
    Even seemingly simple sources can be turn out to be extremely complicated. For instance, selling property sounds straightforward, but documenting all the sources of the down payment and loans can turn out to be tedious.
  2. Which source will be the easiest to translate?
    All the documents must be professionally translated into English before they are submitted to USCIS. Therefore, choosing the least complicated source with the fewest pages would be the most beneficial.
  3. Which source has the fewest business partners involved? 
    Using capital obtained from a business may be tricky because the funds are intertwined with other business partners. It may take more time than initially planned to coordinate with business partners to document and source the funds.
  4. If it’s a gift, does the gifter have documentation of their source of funds?
    Many parents want their children to invest in the EB-5 Program and are willing to gift them the funds to do so. While this sounds easy, the applicant must still work with the person providing the gift to make certain that they provide evidence showing that the gifted funds came from lawful sources.
  5. Has the investor spoken to a consultant or professional?
    There are many professionals that an EB-5 investor can consult with for advice. Immigration attorneys and EB-5 Regional Centers can all assist an investor with compiling the necessary paperwork for their I-526 Petition.

Don’t wait to start assembling the documents necessary to file your petition. Think about what source of funds would be the best to use. The less complicated an EB-5 investor’s source of funds is, the faster their petition will likely be approved. Complicated sources of funds, missing details, poor translations, or any other issue may delay a petitioner’s case.

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