A petition submitted for classification as an alien entrepreneur must be accompanied by evidence that the alien has invested or is actively in the process of investing lawfully obtained capital in a new commercial enterprise in the United States which will create full-time positions for not fewer than 10 qualifying employees.
Part of what we will need to trace for USCIS is that the funds came from the individual investor to the investment. Any and all parts of the transaction will need to be shown. This becomes more arduous when there are several layers of transactions making up the investment. The other part we will need to demonstrate is that the capital came from lawful means. (8 CFR 204.6(j)(3))
In tracing lawful source of funds, the primary focus is on the person who originally obtained the funds. If the investor obtained all of the funds on her own, this an easier issue. If the funds were the result of a gift, the lawful source of the gift must be documented. A loan, the lawful source of the lender’s funds must be documented, as well as the lawful source of any collateral put up by the investor for the loan. If the source of funds is an inheritance, the decedent’s source of funds could be the issue.
The documents required under the Code of Federal Regulations is a good starting point, but often is not enough. The required documents are:
- Foreign Business Registration Records
- Tax Returns (all types) for the Last 5 years
- Any and all other sources of capital
- Certified copies of any judgments or pending actions against the petitioner involving monetary judgments for the last 15 years
Often in tracing lawful source of funds, we must make a judgment regarding how far back to go with the documentation. If the source of funds is a real estate transaction that resulted in substantial proceeds from the sale of real estate, the documentation of the real estate sale will be required. If the real estate was purchased within the last several years, we will need to trace the money to purchase the real estate that has now been sold. Fortunately it is only necessary to prove where and how the investor obtained the $500,000 or $1,000,000 required to be invested. We do not have to prove where the investor obtained every dollar that he or she now has or ever had.
Where to Get Help Obtaining EB-5 Visas
If you have questions regarding obtaining an EB-5 visa to live in the U.S. and to invest in a U.S. business, as well as bringing your family into the U.S., consult with a qualified immigration attorney. Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and obtaining EB-5 visas.
Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will walk you through the EB-5 visa process.