EB-5 Source of Funds Checklist Generator

EB5Status

EB-5 Source of Funds Checklist Generator

Select your funding sources and country of origin to generate a customized document checklist for your I-526E petition. Every source type includes the specific records USCIS expects to see.

What Is Source of Funds Documentation?

Every EB-5 investor must show that their investment capital was obtained through lawful means. USCIS calls this "source of funds" or "lawful source and path of funds," and it is where most petition scrutiny falls. The agency traces each dollar from its origin through every transfer until it reaches the project escrow account.

The specific documents you need depend on where your money comes from: salary, business proceeds, real estate sales, investment liquidations, loans, gifts, or inheritances. Investors with multiple funding sources must document each one individually and provide a reconciliation that accounts for the full investment amount.

Use the checklist generator below to create a customized document list based on your specific source(s) of funds and country of origin.

Official Data|USCIS Policy Manual

Build Your Checklist

Select all source types that apply to your investment capital, then choose your country for any country specific documentation requirements.

Source of Funds Type(s)

Salary and Employment IncomeFunds accumulated through regular employment compensation over time.

Business Ownership or Sale of BusinessProceeds from owning, operating, or selling a business entity.

Real Estate or Property SaleProceeds from the sale of residential or commercial real property.

Stock, Investment, or Securities LiquidationFunds realized from selling stocks, bonds, mutual funds, or other investment holdings.

Loan (secured against assets)Borrowed capital secured by collateral that has been lawfully sourced.

Gift from Family MemberFunds received as a gift, with documentation of the donor relationship and the donor's own source of funds.

InheritanceFunds received through an estate or inheritance distribution.

Combination of SourcesWhen your investment capital comes from more than one source, select the individual sources above in addition to this option for additional guidance.

Country of Origin (Optional)

Some countries have specific foreign exchange or remittance documentation requirements. Select your country to include relevant addenda.

Why Source of Funds Documentation Matters

USCIS requires every EB-5 investor to prove that the full amount of their investment capital was obtained through lawful means. This "source of funds" requirement is codified in the Immigration and Nationality Act at INA Section 203(b)(5) and further detailed in the USCIS Policy Manual, Volume 6, Part G.

The burden of proof falls entirely on the investor. USCIS adjudicators evaluate whether the documentary record establishes a clear, consistent, and credible narrative that traces every dollar from its lawful origin through each intermediate step until it arrives in the project escrow account. Gaps, inconsistencies, or missing records are among the most common reasons for Requests for Evidence (RFEs) and petition denials.

Investors with complex financial histories, multiple businesses, or funds originating in countries with strict capital controls should expect the documentation process to take 4 to 12 weeks. Starting early and working with an experienced EB-5 attorney can significantly reduce the risk of delays.

Common Source of Funds Challenges by Country

While the USCIS source of funds standard is the same for all nationalities, investors from certain countries face additional practical challenges related to foreign exchange regulations and capital transfer restrictions.

China: The State Administration of Foreign Exchange (SAFE) limits individual foreign exchange purchases to $50,000 per person per year. Investors typically use a combination of authorized channels and must document each remittance path with SAFE approval records and bank certificates.

India: The Reserve Bank of India's Liberalized Remittance Scheme (LRS) permits up to $250,000 per individual per fiscal year for overseas investment. Form 15CA/15CB certification from a Chartered Accountant is required for each remittance. FEMA compliance documentation must accompany every transfer.

Vietnam: The State Bank of Vietnam requires specific foreign exchange documentation and a registered investment capital certificate for outbound investments.

South Korea: The Bank of Korea requires a foreign exchange transaction report and overseas direct investment registration for EB-5 capital transfers.

Source of Funds Documentation FAQ

Free Downloadable Guide

Download the Full Source of Funds Checklist

14 page PDF with every required document by source type, country specific addenda for China, India, Vietnam, and South Korea, plus a printable tracking worksheet.

Get the Guide14 page PDF