EB-5 Source of Funds Examples: 8 Common Scenarios Explained | EB5Status

Why source of funds matters Source of funds documentation is consistently the most scrutinized element of an EB-5 petition. USCIS requires every investor to demonstrate, with documentary evidence, that the capital invested was obtained through lawful means. The burden of proof is on the petitioner, and the standard is "preponderance of the evidence," meaning it must be more likely than not that the funds are lawful. Inadequate source of funds documentation is the leading cause of I-526E Requests for Evidence (RFEs) and a significant contributor to petition denials. Getting this right is not optional; it is foundational. This article presents eight common source of funds scenarios with the specific documentation USCIS typically expects. Each scenario is based on published USCIS guidance and adjudication patterns. This is not legal advice. Every case has unique circumstances, and you should work with an experienced immigration attorney. Source: USCIS Policy Manual, Volume 6,...#