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Source of Funds

One of the most important parts of an EB-5 investor’s I-526E petition is demonstrating where the funds that were used for the $800,000 investment originated. All funds used for the EB-5 investment as well as the administrative fee must come from a lawful source. In other words, the funds used for EB-5 could be the result of illegal activities.

Types of Lawful Funds

Salary
Any income that has been earned from lawful employment may be used towards the EB-5 investment and administrative fee.
Sale of Real Estate
Funds obtained through the sale of real estate are frequently used for EB-5 real estate investment. Whether a second home, a rental property, or a commercial building, the proceeds can be used for EB-5.
Loan
A loan from an institution or an individual can be used for an EB-5 investment, but certain requirements must be met.
Gifts and Inheritance
Both are acceptable for EB-5 if there is proper documentation.

Paths of Funds

One of the most important parts of an EB-5 investor’s I-526E petition is demonstrating where the funds that were used for the $800,000 investment originated. All funds used for the EB-5 investment as well as the administrative fee must come from a lawful source. In other words, the funds used for EB-5 could be the result of illegal activities.

Documentation

Whenever possible an EB-5 petitioner should provide supporting documentation that provides evidence with regard to their source of funds. Types of documentation that a petitioner should be prepared to produce include:

Employment
Proof of employment, including employment contracts and professional licenses if applicable.
Real Estate
The petitioner may need to provide a recent appraisal for all properties they own. Additionally, deeds and mortgage documents along with any documents connected to the purchase or sale of property. For rental property, EB-5 investors should be prepared to provide lease agreements and any relevant supporting documents. These are essential elements in EB-5 real estate investment filings.
Investment
EB-5 petitioners should be prepared to produce stock certificates and documentation that shows all investment accounts for the past three years. This supports their compliance with EB-5 funding requirements. In some cases, capital gains records may also be necessary to validate the lawful source and path of funds.
Business Activities
Investors must show proof of ownership of any businesses that they own. They must also demonstrate that the business was properly registered.
Loans
Terms and conditions of the loan as well as up to date repayment history if any repayments have been made.
Gifts and Inheritance
The EB-5 investor should be prepared to produce all supporting documentation.

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