The EB-5 program set forth several critical tests that the immigrant must satisfy in order to obtain residency. For example, we previously described one key requirement being job creation — specifically that each immigrant must create and preserve 10 jobs over a 24-month period. Another very important eligibility criteria set forth by the USCIS in the EB-5 program is the “lawful source of funds” test.
When the EB-5 program was originally created in 1990, the Congress was very worried that illegally obtained profits would be used to obtain an EB-5 immigrant visa to the United States. Because of this fear, the immigrant is required to prove to the USCIS that his capital is derived from lawful sources and not from illegal activities. Therefore, a critical part of every EB-5 visa petition requires that the immigrant fully document two key issues:
• the “lawful source of funds”• the “Path” of the funds
If the EB-5 visa petition does not clearly prove both of these requirements, then the case will be denied by the USCIS. With the help of expert EB-5 visa lawyers and the Pangaea Regional Center, immigrant participating in our EB-5 program receive guidance on the expectations of the USCIS and what types of documents should be collected to meet this burden.