My I-526 petition was denied due to issues with the project. We did not receive a request for evidence with regard to the source of funds. Do I need to submit any additional documents for source of funds when I apply for the new project such as new business tax returns? Is the same package that was sent the first time for the source of funds acceptable?
Most likely you do need to update your package to include the latest bank statements, tax returns, and assets for the new project.
It really depends. If the EB-5 capital you are going to use is exactly the same as the first I-526 petition, you may still use the same supporting documents. Source of funds is very important for you to successfully obtain the I-526 approval. I would suggest you retain an experienced attorney to help you double check any updates and changes.
I would have the RFE reviewed very carefully by EB-5/Immigration counsel. If there truly is no mention of the source of funds, what you submitted should be fine. That does not mean, however, that USCIS could not issue a second RFE, but until you see otherwise, responding to only what is asked should be all right.
I have no way of knowing what you sent the first time, but you will need to show a complete paper trail of the funds used for the second filing up until the date of filing.
You should update any source of funds information that may have changed or updated since the last time you submitted the petition as it probably was more than a year ago. Your immigration attorney who helped you with your first petition should be able to help you with this.
If the previous filing was denied due to reasons other than source of funding, and your attorney is comfortable with the documentation provided for the source of funding, then no need to change or obtain additional documentation regarding that part of the petition. That being said, however, just because USCIS did not question that part of the petition initially, does not mean they cannot ask for additional information regarding it this time. So the best bet is to make sure you and your attorney submit as much information as possible to meet the requirements for the EB-5 petition to avoid future delays or denials.
It is good that the USCIS did not raise any issues with respect to your source of funds. If you are using the same money because you received a refund of the previous EB-5 investment funds, then you just need to trace the flow of funds back to you, and then to the new project. If you are using different capital, then of course you will have to provide new documentation to demonstrate the lawful source and path of funds.
You will need to update the source of funds information to reflect the deposit of funds into the new project.
It should be sufficient and updated with the new tax returns and financial information.
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