What documentation is needed to prove an EB-5 gift fund from China?

The documentation required depends on the specifics of each investor. We assist investors with performing immigration due diligence (not business due diligence). Both business and immigration due diligence should be done before deciding to invest.

It will be necessary to review your father's source of funds to determine if he can demonstrate lawful source of funds for a gift to you, such as liquidation of investment, sale of real estate, salary or distributions from business, etc. Review of his tax returns for the past 5-7 years will also be necessary. Funds must be transferred to your personal account. You can review approved regional centers at uscis.gov and then I suggest that you consult an experienced EB-5 immigration attorney in the United States before you take action to invest in a specific project.

When the parents are gifting the funds to the child for EB-5 investment, we need to track the legal source of funds of the parents' income, investment portfolio, etc. We need to start with reviewing the 5-7 years of tax returns for their income level. If their income is more than $200,000 per year for the last 3-5 years, and they have invested most of that in either the stocks, bonds, savings, etc., then they could liquidate some of that to give it to you as a gift. However, if they had purchased real estate, the best way is to sell and give you the money rather than taking out a mortgage to give to you - USCIS has been causing problems with this scenario, stating that this is not a proper indebtedness under their policy. As the Source of Fund is very complicated and different for everyone's circumstances, please consult with an experienced EB-5 attorney to assess your situation.

You need to do a full source of funds report and hire a competent lawyer.

Make sure your father sends the funds directly to your bank account. His sources of funds will include tax returns for the last five years and if the source of the funds were sale of property, then show deeds of ownership and purchase agreements, etc. You can personally go on the internet and check out regional center projects. When you find any of interest, I would then seek out an attorney well versed in EB-5 law and ask advice.

The documentation required to prove source of funds depends on where the money came from. If from savings, then three years of tax returns, if from the sale of property, then details regarding the sale. The key is proof that the money came from a legitimate source. You will also need a gift letter from your father.