New Page Posted on EB-5 Evidence Tips

03.17.15 | Archived

Last week, U.S. Citizenship and Immigration Services posted a new webpage to its the site for the EB-5 Program on tips for evidencing source of funds documents. On February 26, USCIS held an EB-5 Stakeholder teleconference titled (listen here, read summary here).

Below are the contents of the new webpage:

  • Inconsistencies in documents: There may be legitimate reasons for inconsistencies. For example, the dimensions listed on pre-construction contracts for house purchases may vary from the actual dimensions shown on other documents. When submitting documents, providing explanations and evidence to reconcile inconsistencies will greatly reduce the chances of a Request for Evidence (RFE).
  • Unavailability of documents: Whenever possible, explain and provide evidence of the reason why a particular document is not available. For example, if claiming that proof of prior employment is unavailable because a company no longer exists, submit evidence that the company has been dissolved.
  • Probative value of evidence: “Probative value” refers to whether a document proves or supports a claim/eligibility requirement. So, for example, income tax returns from the government would have greater probative value and credibility than a letter from a family member or a friend as proof of income to show lawful source of funds.
  • Incomplete translations: USCIS requires complete English translations of all foreign language documents submitted as evidence. Ensuring that foreign language documents are translated in their entirety before submitting them will reduce the chances of an RFE or Request for Clarification.


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