What EB-5 source of funds type is the easiest to prove? - EB5Investors.com

What EB-5 source of funds type is the easiest to prove?

I would like to know which investment type for the I-526 petition is the easiest to prove? For example, bank loans or inherited funds or gifts, etc.? Which one causes the least problems when USCIS reviews the application?

Answers

James Yang

James Yang

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

There is not an "easy" way to prove the source of funds because each EB-5 investor's financial background varies. Although certain common approaches can be adopted by many, such at using income and savings, company loans, real estate loans, etc., the most important consideration is for an EB-5 investor to base the explanation of the source of funds on something truthful.

Charles Foster

Charles Foster

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Hypothetically, of course, the answer to your question would be that the best would be to show that the funds were earned through one's employment or a real estate transaction where the property was sold greatly in excess of the purchase price in order to cover the required $500,000 investment. In any event, you are required to trace back to the ultimate lawful source of funds. You would also be required to show the source of property or funds sufficient to guarantee the bank loans. Also inherited funds or gifts must be traced back to the ultimate source of lawful funds.

Barbara Suri

Barbara Suri

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The easiest source of funds to prove is the source easily followed by a good, clear paper trail.

John J Downey

John J Downey

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Probably proceeds from the sale of real estate or an inheritance or anything where there is a clear paper trail.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

There is no definitive winner on which EB-5 source of funds is the easiest to prove. The standard for the evaluation of EB-5 investment funds is whether the EB-5 funds at issue come from legal source(s). As long as an investor can document the legal source(s), USCIS will likely grant the application.

Michael A Harris, Esq

Michael A Harris, Esq

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The one that may be less complicated, in my opinion, may be accumulated income from salary earned within the last five years. Provided you have payroll records, tax forms (if applicable in your country), and some documentation supporting that a legitimate business paid you. With bank loans, you would have to show what security was given to collateralize the loan, and if that is property, you would have to show how that asset was lawfully acquired with your personal income. The same for inheritance or a gift: you would need to look at the gift giver to prove that they lawfully earned their funds. Aside from salary from lawful employment, the only thing easier may be if someone won a lottery and you can show that the local government paid the earnings! Bottom line, we want to only have to contend with the shortest possible path of income to your personal bank account before you invest.

Vaughan de Kirby

Vaughan de Kirby

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

This is a question that is unique to the facts for each individual investor. An investment immigration attorney will review your financial status and answer this question for you.

Shenila A Momin

Shenila A Momin

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Generally a recent sale of property or salary received in the form of direct deposit(s) from the employer are easier to prove. Personal loans, gifts and inheritance are certainly fine, but you are required to prove how the lender, gifter or parent came into possession of the funds (i.e. original source).

Ian E Scott

Ian E Scott

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

There is no clear-cut answer of which is easier to prove. All could be easy to prove or difficult to prove depending on the facts and circumstances.

Jinhee Wilde

Jinhee Wilde

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Income savings and a bank loan based on the collateral you purchased from those income savings would be the easiest to prove. Since a gift amount necessitates that we look into the income and savings of the donor, it could get complicated if there is more than one donor. Also, USCIS has been restricting gifts from non-family.

Raymond Lahoud

Raymond Lahoud

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

This question is rather broad, in that, it is not necessarily about ease, but about your ability to invest. Why take out a bank loan if you have the money that has been inherited or you can have it gifted?

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

With enough documentation, and the right immigration attorney, you should be able to authenticate most sources. Secured loans, gifts, sale of property or business, etc., can all be acceptable with the correct preparation.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.