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Programme guides · US EB-5 Investor Immigration

EB-5 Funds Gifted by Parents: How to Prove the Source

Written by Global Immigrate consultants · Reviewed by Oscar Yip, Founder & Managing Director

Summary

EB-5 funds can come from a gift from parents or family, but you must prove both the lawful source of the donor’s money and the gift itself. What to prove, common documents, the gift process and FAQs.

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

Element What to show
The donor’s source of funds Salary, business income, a property sale or investment gains
That it is a gift A gift, not a loan
The transfer path 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
  • A gift letter or declaration
  • Complete bank transfer records
  • Gift tax filings, where applicable

A suggested gift process

  1. Organise the donor’s source-of-funds documents first
  2. Sign the gift letter
  3. Transfer directly from the donor’s account to yours
  4. Then transfer from your account to the project’s designated account

Common issues

  • Family business funds: where early capital went through several ownership changes, 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.

FAQ

Does the donor have to be a close relative?

Not necessarily, but the gift must be genuine and the donor’s funds lawful.

Is the gift taxable?

That depends on the tax rules where the donor and recipient live; seek tax advice.

Can the gift be made in several instalments?

Yes, but each needs a clear record linked to its source.

Sources

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