Simplified Review of Information and Documents Required by the USCIS for Filing an I-526 Petition

The USCIS requires investors to provide documentation and proof on the following:

The investor must prove the source of the invested capital is from a “lawful” source. Regardless of who provides the capital the source of funds must be provable from a lawful source.

The investor must prove that they have a level of income or have accumulated sufficient wealth that would enable the investor to invest.

Simple statements by the investor or simple declarations are not enough to satisfy USCIS requirements for proof of either lawful source of funds or sufficient funds to invest. Independent evidentiary proof must support all declarations.

Regional Center requires the full $535,000 be deposited into the an authorized escrow account. This deposit will suffice as proof the investor has sufficient funds for the investment. However, all claims to the source of funds must be properly and thoroughly supported with documentary evidence of how the money was earned, as well as possession of sufficient funds or assets with which to support himself or herself upon entry into the U.S.

An investor should prepare as much of the following types of documentary evidence (copies are sufficient) for both the investor and the investor’s spouse, as relevant to his or her financial status.

The USCIS requires proof of source of funds:

The investor must prove that the funds come from a lawful source such as profit or earnings from a business, the profits or proceeds from the sale of real estate or the profits or earnings from stock or other investments. Inheritance, gifts or loans are allowed as a source of funds under the law. If the investment funds are from a gift, then the financial information regarding the person giving the gift must be provided. Evidence may include but need not be limited to bank statements, stock certificates, any loan or mortgage documents, promissory notes, security agreements or other evidence of borrowing which is secured by assets of the applicant.

The USCIS requires proof of transfer of funds:

The investor is required to fully fund the authorized CMB holding account with the capitol contribution amount of $500,000 plus the syndication fee amount prior to the filing of the I-526 petition. The investor must provide evidence of where the capital that funded the escrow came from. CMB will provide documentation as to the arrival of the funds (the bank wire transfer or check the funds were received from). CMB receives confirmation from the bank escrow agent when the escrow account is funded.

The USCIS requires financial statements:

The USCIS will require financial information that evidences a net worth of at least U.S. $1 million. Evidence can include bank statements, documents showing ownership in real estate or a company, accompanied by an appraisal of value and registration of ownership. Other examples of evidence include a gift statement, a loan statement, etc.

The USCIS requires copies of passports:

The USCIS will require copies of passports for each member of the family that are qualified under an EB-5 investment. Passports must be valid for travel to the United States and must have at least six months validity beyond the issuance date of the visa. Household members can include husband, wife, and all unmarried children under the age of 21.

The USCIS requires employment and business documents:

The USCIS will require information regarding the investor’s education, employment history, and business experience, including but not limited to résumés, diplomas, and business registrations.

The USCIS will require family certificates:

The USCIS will require copies of birth, marriage (or divorce) certificates and they must be provided for all individuals applying for a Green Card under the investor’s application, including spouse and children under the age of 21 at the time of application. For birth certificates, one certified copy of the birth certificate for each person named in the application should be submitted. Birth records must be presented for all unmarried children under the age of 21 even if they do not wish to immigrate at the time. For marriage certificates, one certified copy of the marriage certificate or proof of termination of any previous marriage(s) must also be submitted (e.g., death certificate of spouse, final decree of divorce or annulment).

The USCIS will require Police Certificates:

The USCIS will require each visa applicant of 16 years or older to submit a police certificate from the police of each locality of the country of the applicant’s nationality or current residence or where the applicant has resided for at least six months since turning 16. Police certificates are also required from all other countries where the applicant has been arrested for any reason, and must be of recent date when presented. Police certificates must cover the entire period of the applicant’s residence in any area.

The USCIS will require Court/Prison Records:

The USCIS will require persons who have been convicted of a crime to obtain a certified copy of each court record and of any prison record, regardless of subsequent benefit from an amnesty, pardon or other act of clemency.

The USCIS will require Military Records:

The USCIS will require a certified copy of any military record.

The USCIS will require photographs:

The USCIS will require two color photographs in passport style. No head covering or dark glasses should be worn.

 

Resources

History of the EB-5 Visa Program

EB-5 Policy and Legal Considerations

FREQUENTLY ASKED QUESTIONS FOR THE EB-5 VISA

EB-5 Regional Center list state by state

American Immigration Lawyers Association EB-5 Committee and Invest In the USA 

Due Diligence Issues for EB-5 Investments

Retainer agreement disclosures, confirmations, warnings and conflict waivers:

USCIS Executive Summary May 2012 EB-5 Immigrant Investor Program

Governors office of California EB-5 UPDATE

Investor Options: E-2 versus EB-5

Advantages and Disadvantages of the E-2 and EB-5 Visas

Documents required for the I-526 Filing

 

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