EB-5 source-of-funds documents: what USCIS and banks ask for
The documents that support an EB-5 source-of-funds file by wealth type, from salary to property sales and inheritance, and the paper trail principle.
An EB-5 investor must show that the capital came from a lawful source. Under the Reform and Integrity Act of 2022, USCIS reviews source of funds earlier for regional center investors, so the file needs to be in order before you subscribe, not after. Banks that handle the transfer run their own anti-money-laundering checks and often ask for similar material.
The paper trail principle
A balance is not evidence. What counts is a continuous, documented chain from the original source of the wealth to the account that funds the investment. For each step, ask: what document shows where this money came from, and what document shows where it went? A gap, such as cash with no record, or a transfer between accounts with no explanation, is where officers and compliance teams ask questions.
Documents by wealth type
| Source | Core documents | Supporting material |
|---|---|---|
| Salary or employment income | Employment contract, pay slips, tax returns for the relevant years | Employer letter, bank statements showing salary deposits |
| Business income or dividends | Business registration, financial statements, tax filings, dividend resolutions | Shareholder records, proof of tax paid on distributions |
| Sale of property | Purchase deed, sale contract, land or title registry record, proof of payment | Mortgage payoff record if any, tax paid on the sale |
| Sale of a business or shares | Sale agreement, closing documents, proof of receipt | Valuation records, tax filings |
| Inheritance | Death certificate, will or court/notary documents, estate distribution record | Evidence of the decedent's own lawful wealth where relevant |
| Investment gains | Brokerage or fund statements showing purchases and sales | Tax records on gains, account opening records |
The right set varies by jurisdiction and by the facts. A family with several wealth types will need a file for each.
The five-year tax period
Where funds come from income, USCIS expects to see tax returns or equivalent official tax records for the five years before filing. They show that the income was reported and that tax was paid. If your records are held by tax authorities in Taiwan, Hong Kong or mainland China, obtaining official copies can take time, so request them early. Where income was not reported or taxes were not paid, speak to counsel before filing; this needs to be addressed, not hidden.
Translation and certification
Any document not in English must be filed with a complete English translation and a translator's certification that they are competent to translate and that the translation is accurate. Official documents such as registry extracts or court papers may also need notarization or other certification, depending on the type. Allow time for this.
The transfer itself
The last link is the movement of funds from your account to the investment escrow. Keep records of each transfer and the currency conversion. In Taiwan, transactions above NT$500,000 are subject to reporting, and individuals may remit up to US$5 million a year; mainland China has a US$50,000 annual personal foreign-exchange quota, so structuring a legitimate transfer requires planning with licensed professionals. Never split transfers to avoid thresholds; that creates the red flags a file is meant to avoid.
Practical steps
- Map your wealth into categories before collecting any documents.
- Start with the hardest records: older property deals, closed companies, overseas accounts.
- Reconcile every large deposit with a document that explains it.
- Have counsel review the file for gaps before it is submitted.
For regional guidance see Taiwan, Hong Kong and mainland China, and our overview of source of funds. No documentation can guarantee approval, but a clear file removes avoidable questions.
If you would like to talk through your own file, you can reach us through the consultation page.
Frequently asked questions
How far back do I need to go with tax returns?
For funds derived from income, USCIS expects tax returns or equivalent tax records for the five years before filing, as a general rule. The exact documents depend on your jurisdiction, so confirm with counsel.
Do documents in Chinese need to be translated?
Yes. Documents not in English must be accompanied by a complete English translation with a translator's certification of competence and accuracy.
Is a bank statement alone enough to prove source of funds?
Generally no. A balance shows that money exists, not where it came from. USCIS looks for the underlying documents showing how the funds were earned and how they moved to the investment.
Sources
General information only, not legal, tax or investment advice. Rules and figures are as of the publication or update date and may have changed.