Source of Capital
To deter the use of illegally acquired funds to obtain U.S. immigrant status, the EB-5 regulations require the investor to submit documentation clearly showing that the capital invested in the enterprise derives from a lawful source. The invested capital must be the personal funds of the investor, as opposed to funds belonging to a third person or a business entity owned by the investor.
Retaining experienced and expert legal counsel is essential to successful immigration under the EB-5 provisions. Contact the Law Offices of Robert P. Gaffney in California today at 415-503-9653.
Determining Lawful Sources
An investor may have acquired his or her investment capital in any lawful manner. The funds may have been acquired as:
- Accumulated savings of personal income in the form of wages
- Distributed profits or earnings from a business or another investment
- Proceeds received from the sale of a valuable asset owned by the investor
- A loan secured by personal assets owned by the investor
- A gift or inheritance
The funds may not be derived from a loan secured by the assets of the qualifying U.S. enterprise. In the case of funds received as a gift or loan from a third party, documentation must be submitted to prove the lawful manner in which the benefactor or a noninstitutional lender acquired the funds.
Proving Lawful Sources with Our Expertise
United States Citizenship and Immigration Services (USCIS) requires EB-5 investors to submit evidence showing the manner in which the investment capital was obtained. The documentation required can be extensive. Types of documentation often include business registration records, corporate tax returns and detailed bank records, but the documentation required can vary greatly based on the specifics of each case.
Obtaining and presenting this evidence in a clear and persuasive manner is often a burdensome process. That is why it is necessary to retain an attorney with expertise managing complex source of funds and related issues to assist you in preparing a solid petition. The attorneys at the Law Offices of Robert P. Gaffney have deep experience effectively managing a wide range of challenges that can come up during an EB-5 case. We have the experience you need to meet your business and investment objectives.