The Source of Funds (SOF) documentation is the most scrutinized and labor-intensive part of the I-526E petition. USCIS requires investors to prove, by a "preponderance of the evidence," that their investment capital was obtained through lawful means. This guide explains what that means and how to prepare a successful SOF narrative.
Why is SOF So Important?
The core purpose of the SOF requirement is to prevent money laundering and ensure the integrity of the U.S. financial system. USCIS acts as a gatekeeper, and they take this responsibility very seriously. A poorly documented SOF is one of the most common reasons for an I-526E denial. Your goal is to create a clear, logical, and heavily documented story of how you earned your capital.
Common Lawful Sources of Funds
Investors can use capital from a wide variety of sources, provided each is legal in the jurisdiction where it was earned. Common sources and typical documentation include:
- Salary/Employment Income: Tax returns, pay stubs, and employment verification letters.
- Sale of Real Estate: Purchase and sale agreements, deeds, proof of payment, and bank statements showing the deposit of proceeds.
- Sale of a Business or Stock: Share purchase agreements, business valuation reports, and evidence of the transfer of funds.
- Inheritance: A will or testament, court documents, and evidence of distribution from the estate.
- Gift: A signed gift affidavit from the donor, proof of the donor's lawful source of funds, and evidence of the transfer.
- Loan: A formal loan agreement secured by your personal assets and evidence of the loan being disbursed to your account.
Expert Tip
If using a gift, be prepared for USCIS to scrutinize the source of the *donor's* funds just as thoroughly as they would your own. The donor must prove their funds were also lawfully obtained.
Tracing the "Path of Funds"
It's not enough to show you earned the money. You must also show its precise path. This means providing bank statements and wire transfer records that document every single step the money took from its original source (e.g., your salary account) to the EB-5 project's escrow account. Any unexplained gaps or transfers through third-party accounts will raise red flags.
Think of it as a chain of evidence. Every link must be present and accounted for. Work closely with your immigration attorney to map out this path and gather the necessary statements for each account involved.