Source of Funds

Question: After receiving the mandatory amount of funds from an immigration investor, can a U.S. business entity borrow additional funds from U.S. banks with the entity’s property as security?

Answer: In general, yes.

Question: Nearly all Chinese investors have source of funds issues.  The Chinese government in 2009 enacted a law allowing Chinese companies that obtain an overseas investment license to manage overseas investments, so an EB-5 investor from China could legally open an account in Bank of China with more than $50,000 (previous limit).  Now Chinese companies and citizens are permitted to invest overseas without applying for a special commission.  As a result, we have first investor investing $900,000 drawn on a Chinese bank.  No regulation or law has been printed yet, but will a remittance from Bank of China suffice as proof?

Answer: Stakeholders are encouraged to email the USCIS Immigrant Investor Program mailbox with concerns regarding RFEs for this issue.  The regulatory requirement for evidence to establish lawful source of funds is found at 204.6(j), and the eligibility requirement is taken seriously.  This states that funds must be from non-criminal, lawful source.  Every case has its own nuances, but the regulation should be the guide.

Taken directly from USCIS EB-5 Immigrant Investor Program Quarterly Stakeholder Engagement on May 1, 2012.