Questions and Answers > EB-5 Investments

What documents are used for the trace of funds in the EB-5 Program?

What kinds of documents do I need for the trace of funds on my EB-5 visa? Is it necessary that the documents are original? Or can they be copies if I have the originals in my home country? Who will receive these documents; the USCIS or the EB-5 Regional Center?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on February 11, 2013

  The source of funds documents will depend on the history of the capital you are using for the investment. For example, if it is the sale of a home, you will need the bill of sale and the property deed. For the money trail you will need the banking documents that show the funds enter your personal account and relevant wire out. There are many other factors at play, such as the length of time you owned the home, which may require more documentation than this illustration. Source of funds documents will be sent to USCIS as supporting evidence for your I-526 petition. For further information please contact Rahbaran & Associates.

• Mark Urbanski

  Immigration Attorney

  Answered on January 10, 2013

  It depends on the source of the funds used for the EB-5 investment. If they derive from savings, you will need to show up to several years of bank statements, if from the sale of stock or property you will need to show documentation of those transactions, and if they derive from income you may need to present business and tax records. Documents are submitted to USCIS, not the EB-5 regional center and can be copies so long as you have originals to present to the U.S. Consulate upon request.

• Jason Feldman

  Immigration Attorney

  Answered on January 10, 2013

  The exact documents will vary depending on the source of the investment funds. Different documents will be needed depending on whether the funds came from real estate, inheritance, gift, investments, income, etc. The best approach is to show as much detail as possible to prove to the adjudicating officer the exact source of the funds, and that there is no way he or she could think that they were not lawfully earned. This means bank statements showing the funds from the moment they entered your possession up until the time they were invested, as well as whatever other supplemental documents are relevant (property ownership, will, sale of securities or a business, etc.) . Copies are fine, and only USCIS needs to see these, not the Regional Center.

• Jennifer Parser

  Immigration Attorney

  Answered on January 7, 2013

  USCIS will need to review the tracing of funds documentation. Originals are always better to submit if possible, but copies may be accepted.

• Julia Roussinova

  Immigration Attorney

  Answered on January 7, 2013

  Types of documents needed to document the lawful source of funds depend on each investor''s individual situation because EB-5 investment funds may come from different sources, for example, earned income, distributions or dividends from business, inheritance, gift, sale of business interests, sale of real or other property, or loans. I recommend that you contact our office and we will provide you with a list of specific types of documents needed to properly and thoroughly document the lawful source of funds in your particular situation. Most of the documents will be copies and will be submitted by an attorney in support of an I-526 petition to USCIS. You should have the originals readily available in your possession as well.

• Igor Serbinin

  Immigration Attorney

  Answered on January 7, 2013

  Depending on the source of funds it could be real estate sales contracts, wire transfers, income tax statements etc. The originality of the documents will depend on how the State Department treats credibility of documents or copies in your particular country; some countries attract particular scrutiny some don''t. The documents will be submitted either to USCIS or Consular post in your country and by either your own attorney/you personally or Regional Center legal staff. If you will be going through the RC they should be in position to answer all of these specific questions.

• Mona Shah

  Immigration Attorney

  Answered on January 4, 2013

  The type of documents required depend upon the source of the investment funds. Original documents are not always required, certified copies will suffice. USCIS should be in receipt of the documents.

• Lei Jiang

  Immigration Attorney

  Answered on January 4, 2013

  Any documents that could show that fund are from legal sources. They can be copies and will be submitted to USCIS.

• Bita Hamidi

  Immigration Attorney

  Answered on January 3, 2013

  Each case is unique, however in general you should be able to show the withdrawal of the investment funds from your account then the documents related to the wire transfer of the funds to the Regional Center designated account. You may use copies for the USCIS. Ultimately USCIS must approve your I-526 but the Regional Center may want to see these documents also. Your Immigration Attorney will should review all this information with you.

• Daniel A Zeft

  Immigration Attorney

  Answered on January 3, 2013

  The specific documents which are needed to document the source of your funds depend on the particular nature of your situation. You need advice from an immigration attorney who is experienced with EB-5 matters. Please call my office to schedule a consultation appointment with me.

• Jinhee Wilde

  Immigration Attorney

  Answered on January 3, 2013

  Tracing of the source of funds is submitted as part of your I-526 petition package. Because the EB-5 investor must show that he/she has obtained the funds legally, your income tax returns, bank statements, sale of real estate settlement documents, gift letters, etc. are all used depending on how the funds were obtained. While USCIS may ask for original or certified documents, the copies with translator''s certificate that the documents we submit in English is the same as the ones from your home country is sufficient.

• Charles H Kuck

  Immigration Attorney

  Answered on January 3, 2013

  Typically, source of funds is proven by tax returns, income statements, purchase and sale agreements, or other types of financial transaction documents. It is USCIS that receives these documents.

• Randall Sidlosca

  Immigration Attorney

  Answered on January 3, 2013

  The documents can be copies and they are sent to USCIS with the I-526 filing. The documents can include bank statements, payroll, evidence of proceeds from the sale of real estate, etc.

• Alice H Sun

  Immigration Attorney

  Answered on January 3, 2013

  1. The evidence needed to prove the lawful sources depends upon individual cases. We will provide our client a detailed document preparation suggestion list after we set up the EB5 case for the investor and discuss the lawful source and personal information related to the lawful source of the investment fund. 2. Some documents need to be the original ones, and some can be a copy of the documents.

• Karen Weinstock

  Immigration Attorney

  Answered on January 3, 2013

  Copies are O.K. and these documents are sent to USCIS, not the regional center.

• Marisa Casablanca

  Immigration Attorney

  Answered on January 3, 2013

  Documents to trace the funds for the investments depend on the case. If there was a purchase or sale of property, all documents pertaining to the transaction must be submitted. If it is based on salaried income over a span of years, tax returns and bank deposits and statements must be submitted. All documents submitted need not be originals, unless they are easily obtainable. The documents are sent to USCIS. We are available if you need any further assistance.

• Anthony Ravani

  Immigration Attorney

  Answered on January 3, 2013

  It varies from case to case. There is not a general list that anyone can send to you. You must consult your attorney that is handling your case. But copies should be acceptable.

• Neville M Leslie

  Immigration Attorney

  Answered on January 3, 2013

  Bank accounts, mortgages, paychecks, etc. USCIS will review them. Copies are ok.

• Lynne Feldman

  Immigration Attorney

  Answered on January 3, 2013

  You only need to send in originals and then sign a form indicating the copies are true copies and you could produce the originals if requested. Usually the originals are not requested unless they suspect fraud or the copies are not readable. At the time of your consular interview you should bring the originals with you. If you are in the U.S. in a legal status you may never be asked for the originals.

• Stephen Berman

  Immigration Attorney

  Answered on January 3, 2013

  The type of documents depends on the source of the funds. If it was transferred to your bank account, then the source of the transfer, for example. You will need both originals and copies. USCIS will receive them, as will the US Embassy if you are outside the U.S.

• Kamana Mathur

  Immigration Attorney

  Answered on January 3, 2013

  You normally have to provide tax returns for the past 5 years, sale deeds, etc. Please contact us if you would like to discuss in greater detail.

• Farah Abbas

  Immigration Attorney

  Answered on January 3, 2013

  You should work with an immigration attorney who has experience filing for EB-5 visas to find out which documents you need to prove your lawful source and lawful path of funds. The documents that you provide to apply for the EB-5 visa will be submitted to USCIS along with your Form I-526 petition. The Form I-526 petition does not require any original documentation, so photocopies of your supporting evidence will suffice.