What does USCIS require to prove EB-5 source of funds?

The petition must show that the investment, and the fees paid alongside it, came from a lawful source through lawful means. A one-page letter from an accountant stating that the investor is wealthy does not meet that standard. Source of funds is two exercises that must reconcile: where the money was earned, and how it traveled.

Can I use gifted money for an EB-5 investment?

Yes, if the gift was made in good faith and not to get around the rules on permissible capital. The donor must document their own lawful source with the same rigor as the investor, along with the gift instrument and proof of transfer. In effect, the donor's finances are reviewed too.

Can I use a loan to fund an EB-5 investment?

Yes. Borrowed funds can qualify as the investor's cash, as the D.C. Circuit confirmed in Huashan Zhang v. USCIS, 978 F.3d 1314 (2020). Borrowing to invest is different from lending money to the new commercial enterprise, which is not qualifying capital. The record should include the loan agreement, the lender's identity and, where the loan is secured, the collateral documents.

Source of Funds Document Checklist

The documents to gather for each fund source: salary, business sale, property sale, gift and loan.

What it is

USCIS reviews an investor's capital the way an auditor would: where the money was earned, and how it traveled. This checklist organizes the documents from our source of funds guide by fund source, adds what our Gulf and Pakistan guides say about records in those countries, and ends with the path of funds and the reconciliation.

Who it helps

EB-5 and E-2 investors assembling a file before any money moves
CPAs and wealth managers who hold the underlying records
Family members who are giving or lending part of the capital

What is inside

Document lists for salary, business sale, property sale, gift and loan
Notes for income earned in the Gulf and in Pakistan
The path of funds, transfer by transfer
The reconciliation that ties the file together

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Frequently asked questions

What does USCIS require to prove EB-5 source of funds?
The petition must show that the investment, and the fees paid alongside it, came from a lawful source through lawful means. A one-page letter from an accountant stating that the investor is wealthy does not meet that standard. Source of funds is two exercises that must reconcile: where the money was earned, and how it traveled.
Accurate as of September 17, 2026 | From Source of Funds Is an Audit, Not a Letter. Build the Paper Trail Before You Wire.
Can I use gifted money for an EB-5 investment?
Yes, if the gift was made in good faith and not to get around the rules on permissible capital. The donor must document their own lawful source with the same rigor as the investor, along with the gift instrument and proof of transfer. In effect, the donor's finances are reviewed too.
Accurate as of September 17, 2026 | From Source of Funds Is an Audit, Not a Letter. Build the Paper Trail Before You Wire.
Can I use a loan to fund an EB-5 investment?
Yes. Borrowed funds can qualify as the investor's cash, as the D.C. Circuit confirmed in Huashan Zhang v. USCIS, 978 F.3d 1314 (2020). Borrowing to invest is different from lending money to the new commercial enterprise, which is not qualifying capital. The record should include the loan agreement, the lender's identity and, where the loan is secured, the collateral documents.
Accurate as of September 17, 2026 | From Source of Funds Is an Audit, Not a Letter. Build the Paper Trail Before You Wire.

General information, not legal advice. The tool restates what Samper Law has published and does not replace advice on your own facts. Registering or using it does not create an attorney-client relationship.