For EB-5 practices
Chasing down a source-of-funds trail years after the money moved.
Most EB-5 source-of-funds problems aren't doubts about the money. They're breaks in the paper trail. A missing statement month. An unexplained deposit. A gift-giver whose own funds were never documented. The RFE that asks about it arrives two years after anyone could have fixed it.
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How it usually goes
The investor is an H-1B professional adjusting status. The $800,000 came from a home-equity line, a 401(k) withdrawal and a 401(k) loan, employer RSUs, salary savings, two gifts from family in India, the sale of a flat in Hyderabad, and a small personal loan, paid into escrow in two installments. That's eight trails, and five of them have their own source-of-funds case inside them. The RFE lands two years later asking how the investor's father bought the flat he sold to make the gift. Nobody wrote that down at intake.
That file is our reference case, with the names removed. It's the pattern this was built to handle.
What we built for this work
- Intake collects the money story first. Every uploaded document gets tagged with its place in the trail, and the what's-still-missing list updates as documents come in.
- The file adds up to the exact total, investment plus administrative fees. Any shortfall gets flagged with the amount.
- Missing statement months, unexplained deposits, amounts that don't match across documents, dates that can't be right, currency conversions that don't reconcile, and money mixed into the wrong account all get flagged before filing.
- Every gift-giver, individual lender, family remitter and money exchanger gets their own mini source-of-funds trail.
- India: the LRS cap per person per financial year, the Form A2 on every remittance, TCS, and the 15CA and 15CB certificates. An Indian family assembling $800,000 across five relatives' quotas is five separate cases, and the file treats it that way.
- China: the SAFE quota, the rules on split transfers, and the swap RFE on third-party exchangers.
- Ten source categories from the start: salary and savings, sale of property, business income, stocks and RSUs, gifts, inheritance, loans and home-equity lines, retirement accounts, cryptocurrency, and combinations funded in installments.
- The source-and-path memo and the flow chart come out built, every statement tied to a numbered exhibit. The same package you'd file with the petition and rely on in an RFE response.
- The adjustment packet, I-485, I-765 and I-131, from the same facts when a visa number is available.
- Filed after your attorney signs and releases. The receipt notice and case status land back on the case.
- If the investor's company also sponsors H-1B or L-1 workers, both files run on one record.
What you get
- Gaps found at intake, while the client can still get the document.
- A file that adds up to the dollar before anyone at USCIS looks at it.
- The memo and the flow chart built from the exhibits, not rebuilt by hand when the RFE arrives.
- Country rules applied per person, not remembered per case.
What stops going wrong
- The gift-giver's own source of funds never getting documented.
- The property sale documented, but nobody can show how the property was bought.
- A gap nobody spotted at intake turning into a denial years later.
- The client who can't get the document anymore because too much time has passed.
- The trail living in a folder nobody can check quickly.
What stays yours
Which loan structures you accept, whether you take crypto-funded cases, how far back the statements go, and what size mismatch matters are your rules. Your reviewing attorney sets them once, in writing. When a fee, a remittance limit or a USCIS policy changes, it comes to you as a written question before the system changes how it behaves. The readiness list is an itemized list of remaining gaps, never a legal opinion. Nothing is filed until your attorney signs and releases it.
Why we know this file
Our founder also co-founded and runs an EB-5 regional center fund. The source-of-funds work was built from real investor files, not just the regulations, and alongside Mary Kennedy, an AILA attorney with 20+ years of filings.
Covered on this page
I-526E source of funds with USA, India and China modules. The EB-5 adjustment packet: I-485, I-765 and I-131 when a visa number is available. Not built: the I-829 and E-2 source of funds. If you file E-2 today, ask us where it stands before you plan around it.
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