Simplified Review of Information and Documents Required by the USCIS for

Filing an I-526 Petition

The USCIS requires investors to provide documentation and proof on the following:
The investor must prove the source of the invested capital is from a lawful source. Regardless of who
provides the capital the source of funds must be provable from a lawful source.
The investor must prove that they have a level of income or have accumulated sufficient wealth that
would enable the investor to invest.
Simple statements by the investor or simple declarations are not enough to satisfy USCIS requirements
for proof of either lawful source of funds or sufficient funds to invest. Independent evidentiary proof
must support all declarations.
Regional Center requires the full $535,000 be deposited into the an authorized escrow account. This
deposit will suffice as proof the investor has sufficient funds for the investment. However, all claims to
the source of funds must be properly and thoroughly supported with documentary evidence of how the
money was earned, as well as possession of sufficient funds or assets with which to support himself or
herself upon entry into the U.S.
An investor should prepare as much of the following types of documentary evidence (copies are
sufficient) for both the investor and the investors spouse, as relevant to his or her financial status.
The USCIS requires proof of source of funds:
The investor must prove that the funds come from a lawful source such as profit or earnings from a
business, the profits or proceeds from the sale of real estate or the profits or earnings from stock or
other investments. Inheritance, gifts or loans are allowed as a source of funds under the law. If the
investment funds are from a gift, then the financial information regarding the person giving the gift must
be provided. Evidence may include but need not be limited to bank statements, stock certificates, any
loan or mortgage documents, promissory notes, security agreements or other evidence of borrowing
which is secured by assets of the applicant.
The USCIS requires proof of transfer of funds:
The investor is required to fully fund the authorized CMB holding account with the capitol contribution
amount of $500,000 plus the syndication fee amount prior to the filing of the I-526 petition. The
investor must provide evidence of where the capital that funded the escrow came from. CMB will
provide documentation as to the arrival of the funds (the bank wire transfer or check the funds were
received from). CMB receives confirmation from the bank escrow agent when the escrow account is
funded.
The USCIS requires financial statements:
The USCIS will require financial information that evidences a net worth of at least U.S. $1 million.
Evidence can include bank statements, documents showing ownership in real estate or a company,
accompanied by an appraisal of value and registration of ownership. Other examples of evidence
include a gift statement, a loan statement, etc.
The USCIS requires copies of passports:
The USCIS will require copies of passports for each member of the family that are qualified under an EB-
5 investment. Passports must be valid for travel to the United States and must have at least six months
validity beyond the issuance date of the visa. Household members can include husband, wife, and all
unmarried children under the age of 21.
The USCIS requires employment and business documents:
The USCIS will require information regarding the investors education, employment history, and
business experience, including but not limited to rsums, diplomas, and business registrations.
The USCIS will require family certificates:
The USCIS will require copies of birth, marriage (or divorce) certificates and they must be provided for all
individuals applying for a Green Card under the investors application, including spouse and children
under the age of 21 at the time of application. For birth certificates, one certified copy of the birth
certificate for each person named in the application should be submitted. Birth records must be
presented for all unmarried children under the age of 21 even if they do not wish to immigrate at the
time. For marriage certificates, one certified copy of the marriage certificate or proof of termination of
any previous marriage(s) must also be submitted (e.g., death certificate of spouse, final decree of
divorce or annulment).
The USCIS will require Police Certificates:
The USCIS will require each visa applicant of 16 years or older to submit a police certificate from the
police of each locality of the country of the applicants nationality or current residence or where the
applicant has resided for at least six months since turning 16. Police certificates are also required from
all other countries where the applicant has been arrested for any reason, and must be of recent date
when presented. Police certificates must cover the entire period of the applicants residence in any area.
The USCIS will require Court/Prison Records:
The USCIS will require persons who have been convicted of a crime to obtain a certified copy of each
court record and of any prison record, regardless of subsequent benefit from an amnesty, pardon or
other act of clemency.
The USCIS will require Military Records:
The USCIS will require a certified copy of any military record.
The USCIS will require photographs:
The USCIS will require two color photographs in passport style. No head covering or dark glasses should
be worn.

Due Diligence Issues
The following is a suggested due diligence list:
1: When was the regional center approved by USCIS?
Regional centers that have more recently been approved may have a minimal track record of successful
immigrant petitions. Some have been inactive. Some have lost their regional center designations.
2: Has the regional centers project that the investor is investing in to obtain conditional residence been
reviewed and approved by USCIS?
USCIS has recently unveiled a new process where regional center projects can be pre-approved. This
pre-approval does provide an added level of security.
3: Is there any AAO decision addressing the regional centers program?
AAO decisions blessing the regional centers project or business plan may provide an added level of
security.
4: Is the regional center affiliated with any government entity?
If so, an added level of credibility exists.
5: What experience does the general partner or principal in the investment project have in working with
immigrant investor programs?
An investor may want to invest in a regional center where the principals have experience in directing
regional center projects and in creating jobs.
6: Does the regional center investment include direct job creation, indirect job creation or both?
Although indirect job creation is acceptable for regional centers, projects with at least some significant
amount of direct job creation may be safer.
7: How many I-526 and I-829 petitions have been filed by investors in the regional center? How many
have been approved? How many have been denied?
A substantial record of I-526 and I-829 approvals is a good indication of a successful regional center.
8: What is the amount required to be paid by the investor?
Regional centers have additional costs besides the $500,000 investment. What are these costs?
9: Is payment made into an escrow account? Is the investment amount refunded if the I-526 is not
approved?
The investor may want some assurance that should the I-526 fail, the investors $500,000 will be
returned.
10: When will the investor be able to redeem his or her investment following condition removal and
with what rate of return?
A financial professional should be able to advise the investor regarding security of the investment, when
the investor may be able to recover his investment and likelihood and amount of return on the
investment.
11: What type of investment is being made with the investors funds?
Investments may be made in a wide variety of projects from construction to film production. Certain
investments may be better able to withstand economic downturns.
12: What type of reports does the regional center provide to investors and when are these provided?
An investor should be able to monitor a project to determine that progress of the project is in
accordance with the business plan for the project.
13: What is the regional centers plan for demonstrating direct or indirect job creation, and is this plan
realistic?
Various econometric models exist for demonstrating job creation. It may be very difficult in some cases
to show indirect job creation based upon certain models.
14: Who represents investors in the regional center?
Some regional centers mandate the use of their attorney exclusively. Others permit the investor to have
his or her own private counsel, often partnering with the investors counsel.
15: Is the success of the regional center project dependent on bank financing, or the ability of the center
to raise certain capital?
If so, the center may never get off the ground.