Eb5 Investors Magazine Top25 edition 2023; Issue 10:1 | Page 76

also that it is their own and that it was derived from a lawful source .
PRESENTING THE PATH OF FUNDS
When presenting a source of funds analysis , some general rules apply to present a clear picture of the path of funds :
1 . Be specific . Do not generalize the source of funds . The investment must be traced to a specific source .
2 . Present the evidence in a sequential manner so that that the reader can easily follow each step along the path and include supporting evidence for each step along the path .
3 . Consider using flow charts or visual aids at the beginning of the presentation so that the reader sees a picture of the path before reviewing the evidence .
4 . Refer to the supporting evidence in clearly labeled appendices . When referring to bank accounts , use specific bank names and account numbers .
5 . Ensure that all documents in foreign languages are translated by a certified translation service and that the certification is included with each translated document .
6 . Consider having a third party or independent expert review the narrative and supporting evidence to confirm that the path of funds history and evidence are clear and complete .
SUPPORTING EVIDENCE
In establishing that the capital was acquired through lawful means , the investor must provide evidence demonstrating the direct and indirect source of the investment capital . 3 USCIS requires specific types of evidence to demonstrate lawful means .
MONEY EARNED FROM PROPERTY OR INVESTMENT
If the investment source is derived from money earned from the sale of property or an investment , USCIS requires evidence of property ownership , including property purchase or sale documentation . Be prepared to provide evidence regarding how the initial investment was made or property was purchased . For example , if an investor is selling a piece of real estate that was owned by the investor , provide evidence of the source of funds used to make the original real estate purchase . Also provide evidence of the payment of any necessary taxes associated with the property while it was held by the investor .
Upon sale , segregate the sale proceeds in a separate bank account and avoid commingling the proceeds with
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