+1-800-997-1228
Questions and Answers > EB-5 Requirements

Does USCIS require a source of funds details from non-EB-5 investors in an EB-5 project?

The EB-5 project I am looking at includes capital from non-EB-5 investors. Does USCIS require a source of funds details from them?

Answers

  • Avatar

    Daniel B Lundy

    Immigration Attorney
    Answered on

    Yes, particularly in a direct project. It is not generally an issue with regional center projects where corporate developers invest equity and get bank loans, but with non-regional center projects, USCIS has lately been asking us to source all capital in the deal, including non-EB-5 equity investors and non-institutional lenders.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Typically no. But a full breakdown of the capital stack will be part of a proper EB-5 business plan.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    No, they do not.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, the sources of the funds of non-EB-5 investors must be described in detail and necessary documentation must be provided. This is particularly needed if it appears that the funds in question is either gifts or loans to the EB-5 investors.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The short answer to your question is yes, although it is not clear that USCIS has statutory authority to require such evidence, it is a good idea to include at least some evidence that the additional/required capital was in fact invested or will be invested and identify the source of the non-EB-5 funds.