The EB-5 Immigrant Investor Program is the perfect solution for foreign investors hoping to permanently relocate to the United States. The program offers foreign nationals the chance to obtain a U.S. green card in exchange for making a qualifying investment in a new commercial enterprise (NCE) in the United States.
EB-5 investors must invest a minimum of $1.8 million, or $900,000 if the NCE is located in a targeted employment area (TEA). Regardless of whether they choose to invest in a TEA, all EB-5 investorsmust meet the source-of-funds requirement, which requires them to prove that their investment capital was obtained from lawful sources.
When completing their I-526 petition, investors must provide the necessary documentation to show the path of their capital from acquisition to investment in the EB-5 project. Gathering all the necessary paperwork to meet this requirement can be one of the most time-consuming and stressful parts of the entire EB-5 process. Investors should work with an experienced EB-5 immigration attorney to discuss which funds are the best to use and easiest to trace, which can help ensure that this part of the EB-5 process is as quick and easy as possible.
Investors can use a wide variety of sources to fund their EB-5 investment, as long as they are all legal sources. Below are some of the most common sources of investment capital, as well as the documents that investors may need to present with each.
Income from Real Estate
When using income from real estate, the investor can use purchase or sales contracts, documents certifying a mortgage, deeds, appraisals, proof of rental income, and bank account statements as the source-of-funds documentation.
Income from Owned Businesses
For income from an owned business, applicants should include records of business ownership, registration documents, appraisals, and accounting and sales records.
Applicants can document their investment income by providing tax returns, stock certificates, brokerage statements, and retirement account statements.
If the loan is not from a bank, the investor must prove the source of the loan. This could require documenting the collateral. If it is a bank loan, it can be easily proven with documentation from the loaning bank.
Salary and Wage Earnings
If an investor chooses to use their salary and wage earnings, they can use W-2s, earnings statements, bank statements, employment contracts, and deposit records to satisfy the source-of-funds requirement.
Donations are a common gift from parents who want to allow their child to receive an EB-5 visa. When donations are used as investment capital, the investor should present a donation letter, in which the donor states that the recipient is not obligated to pay back the gift money. The donor is then responsible for documenting the legal sources of the funds.
When using inheritance money for investment funds, an EB-5 investor can provide estate or business documentation to satisfy the source-of-funds requirement.
This list can be a helpful guide for many investors, but it does not include all the possible sources or documentation that may be required. Investors should analyze their individual situation with an immigration attorney to make sure that they provide all necessary information with their application. This can help prevent any delays in their EB-5 process.
Those interested in participating in the EB-5 program should be aware that the minimum investment amount required is not the only cost of the program. Applicants should expect to pay an additional $50,000 to $70,000 in administrative and filing fees. EB-5 investors must cover all supplementary costs to complete the EB-5 process.