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What is required of EB-5 investor?

He or she must show the last five years of tax returns, proof that they have any ownership of businesses, a police certificate, last five years of bank statements, document showing any criminal convictions, and identification documents, and most importantly he or she must show how the money was legally earned.

What is source of funding, or origin of fund?

This is the most difficult part of the EB – 5 process, simply because $500,000 invested must originate from a legal source. Most businessmen obtain money through legal source but then transferred it into multiple investments, which needs to be tracked in order to use that money for the EB 5 program.

For example, if someone sold some real estate in the country three years ago and made $700,000, that $700,000 would have probably been allocated into another business ventures and mixed with other from non-traceable sources. At least $500,000 has to be retraced and brought back into a personal bank account in order for the person to claim they have a legal source of funding.

In order to prove the legal source of funding, US CIS not only needs all the real estate sales documents, but also records of all the wire transfers to the various accounts and proof of funds being sent back to the individual’s personal account.

Below please see an example of how to prove the source of funding.

If an individual cannot prove how they obtained their $500,000, they can ask a wealthy friend to give them the $500,000. If the wealthy friend gifts the $500,000 for the EB-5 applicant, the wealthy friend will have to show how his $500,000 gift was legally obtained.

So hypothetically, the wealthy friend has a salary of $200,000 a year and deposited the money into his personal account. Once $500,000 from his salary is deposited into his personal bank account that should be enough proof of the legal source of funding. However if during that time money was taken out of that personal account and different money from different sources was deposited into the applicant’s personal account the legal source of funding has not been approved.

So even if $500,000 of legally earned money is deposited into the wealthy friend’s bank account that may not be enough to prove legal source of funding, if at any time money was taken out of that account and money was re-deposited from each separate source.

As you can see, to prove the EB-5 source of funding to the US government imposes is a higher burden of proof.

But as with every case we would look at the individual’s total financial situation and find the clearest path to prove the legal source of funding for the EB – 5 program.

What is the difference between E2 Visa and then EB – 5 green card?

E2 visa is different because it does not lead to a green card. It is a temporary visa that can be renewed on a two or five year basis, and the requirements for an E2 visa is about $100,000 investment into United States where you have to set up a business and then to see the money spent in the United States. USCIS is getting much stricter with these visas, and is also requiring usually a minimum of two or three people on payroll along with making sure the hundred thousand dollars has been spent on the US business in United States.

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New York, New York 10006

Andrew P. Johnson - Immigration Lawyer