Funds Requirement


The EB-5 Visa program has set forth several critical tests that the immigrant must satisfy in order to obtain residency. While the EB-5 regulations require the investor to prove certain things with regards to where their investment funds came from, it is usually not enough to merely check off the boxes required by the regulations, since USCIS case examiners are usually looking for a lot more information to prove the source of funds requirement.

At the Law Offices of RKNA we will guide you through the process of providing all the necessary paperwork required to satisfy this very stringent requirement. We will go above and beyond what is required by the regulations, and make sure that every aspect is covered, so that your case examiner is satisfied that you have sufficiently proved this part of your EB-5 Green Card petition.

The purpose of immigration requiring all of this information is because when the EB-5 program was originally created in 1900, Congress was concerned that groups and individuals of organized crime may use the money they acquired through illegal activities to apply for the EB-5 Visa Program, and obtain a green card to come to the United States. As a result of this fear, the EB-5 Green Card applicant is required to prove to the USCIS that his/her capital is derived from lawful sources and not from illegal activities.

What exactly is “obtained through lawful means”?

This means that you must prove your investment capital was acquired through legitimate means, and you must provide either “foreign business registration records”; corporate, partnership and personal tax returns filed within the past 5 years; “evidence identifying any other source of capital”; or documentation of court judgments or pending court cases. The reality is that the USCIS will require additional documentation other than what we have just mentioned.

The two main critical areas an EB-5 Green Card application must cover is the lawful source of funds, and the path of those funds. If you can not clearly prove these two points accompanied with back up documentation then your EB-5 Green Card case will be denied.

The requirement to document the lawful source of funds from the EB-5 Green Card investor is the same whether the investment is an individual investment for the $1M EB-5 Green Card or an EB-5 Regional Center Investment.

With the help of the Law Offices of RKNA, a specialist EB-5 law firm, you will receive expert guidance and advice on the EB-5 Visa lawful source of funds requirement, as well as all other aspects of the application process. Since there is no specific formula or definitive checklist for this aspect of the EB-5 Visa program, we will apply common sense and our past experience to ensure you meet all of the EB-5 requirements and satisfy the burden of proof.