I am alone in the United States as a tourist, on a B visa, and I want to apply for EB-5 using a lawyer. What kinds of personal documents do I need? Also, I understand that USCIS requires bank statements to show the source of my funds. Can I use my online banking to pull the bank statements while I am in the United States? What else will I need? I just want to make sure I carry the proper documents when I decide to apply.
The answer depends on the source of the funds as it will dictate what documents are required. Amongst the many possibilities are bank statements, tax returns and personal identity documents. Please consult an experienced EB-5 attorney for a tailored list of the documents required to prove your source of funds.
You will need to document the lawful source of your funds and the path of the funds from your personal ownership and control to the new commercial enterprise. Each case will have different documents, but generally these fall into several categories: bank statements, tax returns, company audited financial reports and bank statements, business registration documents, property ownership documents, sale or loan of property documents, gift letters, etc. All documents may be copies and all foreign language documents must be accompanied by complete, certified English translations.
Philip H Teplen
The EB-5 requires many documents to qualify the investor. You absolutely should have an experienced lawyer. Bank statements are a start, but tax returns and personal affidavits are far more important, amongst other important evidence.
Bank statements can be one kind of document that will be needed in the petition to show your legal source of funds. Depending on the different sources, the document checklist will vary. For example, some people obtain the EB-5 funds from a sale of a piece of real property, some people obtain the EB-5 funds from the dividends they received from a listed company. You need to consult an EB-5 attorney so that she/he can give you case specific instructions.
You seem to be on the right track. You will need to authenticate each and every dollar of the $500,00 investment. Bank records, payroll records, investment summaries, and declarations can be used. As you so correctly state, using a lawyer will help the process immensely.
Best to schedule a consultation with an EB-5 attorney. There are a host of issues that could arise, and rather than give you a standard checklist of relevant documents, an attorney would have to carefully analyze your case.
You will also need to show the three to five years worth of tax returns or audited financial statements to show that you had enough income to be eligible to be an EB-5 investor. If your investment is not derived from income alone, but a gift or inheritance, then you will need to show that also. Documenting the source of funds requires a lot more documents than just online bank statements, and every dollar movement from one account to another all the way to the EB-5 investment needs to be tracked. I would urge you to consult an experienced EB-5 attorney to start gathering documents, but since an I-526 takes 12-19 months to adjudicate these days, I would not advise you to rush to file while you are here on a tourist visa. Also, please note that in order to obtain that tourist visa, you have affirmed to the Customs'' border officer that you have no intent to immigrate or stay on past the six months, or whatever the entry term. By filing for EB-5, you will be violating that affirmation.
You will need to provide a number of documents related to your petition. Documents include copies of passports, marriage certificates, birth certificates, etc. Bank records will also be needed, along with any other relevant documents related to you investment source of funds. Our firm provides a comprehensive list to clients detailing what specific documents we require.
The assistance you need regarding the relevant EB-5 documentation will require you to retain the services of an experienced EB-5 attorney. The preparation of an EB-5, I-526 Investors Petition requires more than the documentation you refer to in your question. It also requires the information and documentation for the project to be EB-5 compliant.
While the question seems straight forward, the answer is not. You will need to begin to show a trail of how you have accumulated your money normally over the last five years. This is done with documents such as tax returns, employment agreements, dividends issued, bank statements, sales of properties, etc. There is no "one size fits all" answer with this process But, that will get you started. All the best in your endeavor, and if you would like our assistance, please let us know.