Despite USCIS Controversy, We Prepare Source Of Funds Documents For Administrative Fees

Published on 05/21/2015

Hello, I'm Vaughan de Kirby and today we're going to talk about a little bit of a technical issue and a bit of a philosophical issue.  But first let me lay the groundwork to make sure we understand what we're talking about today. 

As you may know, when you make an investment in a regional center there are two components to that investment.  First, there is your initial investment of $500,000.00 and then all regional centers charge an additional administrative fee of $50,000.00.  And one of the controversies that we've had in the past is whether we need to prove the source of funds on the administrative fee. 

Now as you may know, one of the key requirements of EB-5 is that your attorney demonstrates that the funds that you are investing in the regional center are indeed derived from a lawful source.  In the past, USCIS has told us that we must show that the administrative fee, even though that's not part of your investment, must also be sourced. 

Recently, however, in February we had what is called a stakeholder's meeting and at this stakeholder's meetings USCIS took almost an opposite view and they said there was no legal authority to require the sourcing of those funds. 

So, what should you do?  Well, I can tell you philosophically, that's why I say this a philosophical question, our law firm is not out to argue with USCIS.  Our goal is very simple: to achieve a green card for our clients, their families and their minor children.  So, what we recommend to our clients is even though USCIS has backed off that requirement, we ask our clients to source all funds that go into EB-5.  This way, their green card is going to be granted sooner, and they don't risk arguing with USCIS. Our goal is a success for our clients, so even though the law does not require it, we recommend it to our clients that they source all funds that are part of their EB-5 application

I hope this was helpful to you today.  It's a bit technical, but it's an important question. For more information, please see the full article in our news section of 

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney