Eb5 Investors Magazine Top25 edition 2023; Issue 10:1 | Page 75

How to prepare a successful source of funds analysis for EB-5

To reduce the odds of requests for evidence and denials due to source of funds issues , here is how to present a clear and concise SOF analysis for EB-5 investments .
By Melissa Davis
key component of making a successful EB-5

A investment is the ability to demonstrate the source of funds used to make the investment .

The investment must be derived from a “ lawful ” source . It may seem like this should be a straight-forward presentation , however depending on the nature of the source of funds it can be more complicated than one may expect . Here is what investors and their service professionals should consider when planning for the EB-5 investment or when providing evidence to USCIS after the investment has been made .
SOURCE OF FUNDS INFORMATION REQUIRED BY USCIS
USCIS eligibility requirements dictate that the investor must demonstrate that the capital invested in the new commercial enterprise was obtained through lawful means . 1 The investor must also document the path of the funds to establish that the investment was made with the investor ’ s own funds . 2
This means that investors must demonstrate not only how they obtained the capital to make the EB-5 investment , but
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