EEB5 requires detailed documentation regarding the lawful origin of invested funds. the documentation will vary depending on the origin of the invested funds. In all instances, however, certain documentation regarding the investor (or the donor of the funds) will have to be provided regardless of the source of funds used.

General Rules:

• No need for original documents at petition filing stage. originals will be needed at adjustment of status or consular processing after approval
• Copies are fine, but use best quality copies and PDFs, not JPEGS
• Non-English documents need to be submitted FULLY translated with translator certification
• Investor must use original wet signature for I-526 and G-28, so plan accordingly
• Use best evidence always but in lieu, use best circumstantial or secondary evidence
• Third party or unbiased documents and declaration are always a great idea
• Self-serving investor documentation and/or declarations are always submitted and ideally, supported by third-party documentation such as bank documents, legal documents and other evidence
• Legal standard of review is “preponderance of the evidence” or “more likely than not” the evidence proves what it proves
• Make it logical and credible

Mandatory Documents for All Investors:

• Personal Declaration of Investor on Lawful Origin of Funds (lawyer should review/redact and supervise prior to filing)
• Birth Certificate (plus dependent’s)
• Marriage Certificate
• Divorce Certificate (if applicable)
• Copies of passport pages in COLOR (plus dependent’s)
• Curriculum Vitae
• Educational credentials (if any)
• Copy of current US visa
• Most recent I-94 record
• Five (5) years of personal income tax returns (if not available- must submit statement of why not)
• Evidence of any business ownership in the US and five years of US tax returns
• Bank Statement for most recent three years where funds were transferred to investment

Types of Sources of Funds:

Below are 11 types of common sources of funds, you may submit as many types as you wish to increase the chances of your approval.You may also add more types if they are not found here..

• Sale of Real Property or Tangible/Intangible Assets
  1. Evidence of legal ownership of the asset or real property
     1. If more than one owner- all must concur on the sale by signature or POA
  2. Sales Contract and/or any other legal document supporting the sale with attachments, i.e., settlement statements, description of the assets, etc.
  3. Bank statement showing payment of sales proceeds to investor
  4. Evidence of how and with what funds did the investor acquire the real property or asset sold
     1. If transaction is old, a declaration may suffice supported by secondary evidence of income, donation, inheritance, etc.
  5. In case of intangible property, such as intellectual property, a valuation report
• Sale of Stock or Company
  1. Evidence of legal ownership of stock or company, i.e., corporate documentation, stock certificates, etc.
  2. Stock Sale Contract and/or any other legal document supporting the sale with attachments, i.e., settlement statements, legal descriptions, etc.
  3. Bank statement showing payment of sales proceeds to investor
  4. Evidence of how and with what funds did the investor acquire the stock or establish the company if founder
  5. If transaction is old, a declaration may suffice supported by secondary evidence of income, donation, inheritance, etc.
  6. Evidence of legal existence of company sold, i.e., state registrations, 5 years of tax filings, 5 years of financial statements, web site, etc.
• Loan from financial institution
  1. Loan agreement must specify “loan purpose clause” as EB5, foreign investment, immigration US or like descriptions, so that there is no question the bank was aware of the ultimate use of the loaned funds.
  2. Loan agreement must be collateralized or secured with personal assets of similar value to the loan amount owned by the investor/borrower. Must include specific legal description of the collateral
  3. Evidence of collateral value, i.e., stock value, property appraisal, etc.
  4. All loan documents and attachments
  5. Bank statement showing payment of loan proceeds to investor
  6. Evidence of the SOF of how investor acquired the collateral (light)
• Loan from individual (not preferred)
  1. Loan agreement must specify “loan purpose clause” as EB5, foreign investment, immigration US or like descriptions, so that there is no question the bank was aware of the ultimate use of the loaned funds.
  2. Loan agreement must be collateralized or secured with personal assets of similar value to the loan amount owned by the investor/borrower. Must include specific legal description of the collateral
  3. Evidence of collateral value, i.e., stock value, property appraisal, etc.
  4. All loan documents and attachments
  5. Bank statement showing payment of loan proceeds to investor
  6. Evidence of the SOF of how investor acquired the collateral (light)
  7. Evidence of SOF of lender’s funds (light) (this is why this SOF is not preferred)
• Rental Income
  1. Evidence of legal ownership of the asset or real property rented
     1. If more than one owner- all must concur on the rental by signature or POA
  2. Lease Contracts and/or any other legal document supporting the rental with attachments
  3. Bank statements showing payment of rental proceeds to investor
  4. Evidence of how and with what funds did the investor acquire the real property or asset leased
     1. If transaction is old, a declaration may suffice supported by secondary evidence of income, donation, inheritance, etc.

• Accumulation of Income (Salary)
  1. Verification of employment/ total compensation letter from employer
  2. CPA or accountant letter detailing salary earned over minimum 5 year period if sufficient, if not enough income to justify investment, can enlarge to 7-10 years
  3. Tax returns (5 years min)
  4. Payroll stubs (5 years approx.)
  5. Bank statements evidencing deposits of income into investor’s personal account (3 years min)
  6. Evidence of existence of employer doing business (website, company registrations, publicly available information, etc.)
• Accumulation of Income (dividends)
  1. Verification of dividend income letter from company paying dividends
  2. CPA or accountant letter detailing dividend income earned and discussing company tax returns, financial statements and total income reported over 5 year period.
  3. Company Tax returns (5 years min)
  4. Corporate Resolution or Shareholder Meeting authorizing dividend distribution payments
  5. Bank statements evidencing deposits of dividend payments into investor’s personal account
  6. Evidence of existence of employer doing business (website, company registrations, publicly available information, etc.)
  7. Company corporate formation documents, evidence of investor’s position as shareholder, etc.
  8. Company’s financial statements for last 5 years
  9. Company corporate bank statement for last three years (main)
• Shareholder loan
  1. Company corporate formation documents, evidence of investor’s position as shareholder, etc.
  2. Company’s financial statements for last 5 years
  3. Company corporate bank statement for last three years (main)
  4. Corporate Resolution or Shareholder Meeting authorizing loan to shareholder
  5. Bank statements evidencing deposits of loan proceeds into investor’s personal account
  6. Evidence of existence of company doing business (website, company registrations, publicly available information, etc.)
  7. Loan Agreement between company and shareholder
     1. Must meet ALL loan requirements discussed above

• Inheritance Proceeds
  1. All legal documents regarding the inheritance, i.e., will, testament, death certificate, declaration of heirship
  2. Bank statements evidencing deposits of inheritance proceeds into investor’s personal account
  3. Evidence of SOF, background of deceased person’s estate and business (light)
• Royalties / Trust Proceeds
  1. All legal documents supporting existence of royalty rights or trust proceeds
  2. Evidence of investor being the owner of royalties or being the trust beneficiary
  3. Trustee letter authorizing / approving use of trust funds for EB5
  4. Bank statements evidencing deposits of royalty payments or trust proceeds into investor’s personal account
  5. Evidence of SOF, background of how investor acquired royalty producing property or evidence of trust’s corpus SOF (light)
• Donation (gift)
  1. Declaration of Investor
  2. Declaration of Donation by Donor explaining donation and SOF on donated funds
     1. See above documentation required for all types of funds
     2. In cases of donation- the same SOF proof is required of Donor