By:  Emily Pierce, Associate Attorney at Maged Rost

A financial investment in the United States economy is a popular way for foreign nationals to obtain green cards. Our website and a previous blog post introduce the two ways to structure this type of investment: either through a regional center or through a direct investment.

Regardless of the structure of the investment, USCIS always requires documentary evidence to establish that each investor obtained his or her capital through lawful means.[1] Since investment capital may come from a variety of sources, the documents to trace the funds for each EB-5 case will differ depending on the investor’s specific circumstances.

Some of the most common sources of funds include:

  • Proceeds from the sale of property or real estate;
  • Earned income;
  • Gift;
  • Inheritance; and
  • Any combination of these.

In consultation with an experienced immigration attorney, an investor will be able to ascertain the best way to document his or her source of funds. In addition to documentary evidence, USCIS also will consider statements made by the investor that describes the source of funds and explains any expected but unavailable evidence.

In addition to evidence of an investor’s particular source of funds, USCIS expects every investor to provide the following documents, if applicable:

  • Foreign business registration records;
  • Corporate and personal tax returns filed by or on behalf of the investor within the past five years either inside or outside the United States;
  • Evidence of all pending civil, criminal, and/or administrative actions involving the investor for the past fifteen years; and
  • Certified copies of any monetary judgments entered against the investor within the past fifteen years, either inside or outside the United States.[2]

As a final note, it is crucial that any documents submitted as part of any immigration petition, including an EB-5 petition, are accompanied by a certified English translation, if applicable.[3] Without a certified English translation, USCIS will not consider the document as part of the record, which could lead to delays or denial of a petition.

Please return to this blog in the coming weeks for more detailed posts regarding regional centers, direct investments, and other EB-5 related topics.

[1] 8 C.F.R. § 204.6(j)(3).

[2] Id.

[3] 8 C.F.R. § 103.2(b)(3).

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

Leave a Reply