In an EB-5 petition, the investor must show that the money was obtained lawfully and trace its path from the original source to the investment. It is one of the most common subjects of requests for evidence in EB-5 cases.
The rules apply to the full amount invested. Here is what we gather for the three sources we see most.
Gifts
A gift from a parent or relative is common and acceptable. The petition then has to document the donor’s money, not only the investor’s.
- A signed gift letter stating that no repayment is expected.
- The donor’s income or asset records showing how they earned the funds.
- Bank records of the transfer from donor to investor.
- Records of any gift tax filed, where the donor’s country requires one.
Loans
Borrowed money can count. USCIS treats loan proceeds as cash, and since 2022 the law expressly allows funds loaned to the investor in good faith. Show the loan agreement, the lender, any collateral and how it was acquired, and the transfer of the proceeds.
A loan secured by the assets of the business you are investing in does not count, and a loan made to get around the rules will not hold up. Ask before borrowing.
Sale of property
- The purchase records, showing how the investor paid for the property originally.
- The sale contract and proof the proceeds were received.
- Tax records of the sale.
Where the property was inherited, add the estate records, and where it was bought with a mortgage, show how the loan was repaid. The goal is the same each time: an unbroken, documented path.
Every transfer in between needs a record, including currency exchanges and moves through family accounts. A gap of one transfer can hold up a case. See Source of funds.
Sources
Published April 21, 2026.