USCIS Updates Administrative Appeals Office Guidance on Source of Funds Establishment

USCIS issued updated guidance on January 15, 2026 for the Administrative Appeals Office regarding evidence standards for source of funds establishment in EB-5 petitions. The new policy memo, effective February 1, 2026, provides clarification on acceptable documentation formats for gift funds, loans secured by liquid assets, and proceeds from investment liquidations. The guidance also addresses emerging documentation challenges related to cryptocurrency liquidations and digital asset conversions.

The updated standards were developed in consultation with the AAO and field examiners to establish greater consistency in case handling and reduce ambiguity in case preparation. Notable provisions include expansion of acceptable gift letter formats, clarification that borrowed funds can be source of funds if security is provided by other lawful sources, and specific guidance on acceptable documentation for foreign-source income establishment.

Legal experts anticipate that the clarified standards will result in improved approval rates for cases involving complex source of funds scenarios, potentially reducing the need for requests for additional evidence. Immigration attorney feedback from early 2026 indicates the updated guidance has been helpful in case preparation and appellate briefing. AAO appeal processing times are expected to remain stable at approximately 14 months under the updated standards.