Can gifted funds be used?
Yes. EB-5 funds can come from a lawfully obtained gift, such as money from your parents. But USCIS reviews not only the applicant — it also looks at the donor’s source of funds.
Three things to prove
- How the donor obtained the money: for example salary, business income, a property sale or investment gains.
- That it is a gift: a gift letter or declaration confirming it is a gift, not a loan.
- The transfer path: a complete record from the donor’s account to yours, and on to the project.
Common documents
- The donor’s tax returns, salary or company records
- Property sale contracts and proceeds
- Bank transfer records
- The gift letter
Common issues
- Family business funds: where early capital went through several changes of ownership, a complete chain of evidence is needed. One client spent three months building it and was approved in 22 months.
- Cash or multiple transfers: the more complex the path, the more clearly it must be documented.
Our advice
Source of funds is the most time-consuming part of EB-5, so start before choosing a project.