The Source of Funds (SOF) report is arguably the most scrutinized component of your I-526E petition. Its purpose is to prove to U.S. Citizenship and Immigration Services (USCIS) that your investment capital was obtained through lawful means. A weak or confusing SOF report is the most common reason for a Request for Evidence (RFE) or even a denial.
The Legal Standard: "Preponderance of the Evidence"
Unlike a criminal case, which requires proof "beyond a reasonable doubt," immigration cases use a lower standard called "preponderance of the evidence." This means you must prove that it is more likely than not (i.e., more than a 50% chance) that your claims are true.
For your SOF, this means the documentation must be clear and convincing enough for a USCIS adjudicator to conclude that your funds were lawfully sourced. It's not about eliminating all doubt, but about presenting a logical, well-documented case that is easy to follow and approve.
Crafting Your SOF Narrative
Think of your SOF report as a story. It should have a clear beginning, middle, and end. Your immigration attorney will help you write a cover letter that serves as the introduction to this story, explaining who you are, how you accumulated your wealth, and how the specific funds for the EB-5 investment were obtained.
- The Beginning: Your career history and wealth accumulation over time.
- The Middle: The specific transaction or event that generated the investment capital (e.g., sale of a property, profits from a business).
- The End: The clear, documented path of those funds from your personal account to the EB-5 project's escrow account.
The goal is to make the adjudicator's job as easy as possible. A clear narrative supported by organized, translated, and easily verifiable documents is the key to success.
Key Principles for a Strong SOF
- Be Over-Inclusive: When in doubt, include the document. It is far better to provide too much information than too little. Gaps in your financial history are a major red flag.
- Clarity is King: Ensure all documents are translated into English if necessary. Use diagrams or flowcharts to explain complex transactions. Organize your evidence with clear tabs and an index.
- Explain Everything: Do not assume the adjudicator will understand the context of your country's financial system or business practices. Explain any large deposits, unusual transactions, or anything that might seem out of the ordinary.
- Maintain a Clean Path of Funds: The transfer of your investment capital should be as direct as possible. Avoid routing the money through multiple personal or corporate accounts without a clear business reason, as this can be perceived as an attempt to obscure the source.
