Having the money is not the same as having complete evidence
EB-5 requires you to explain where your investment capital originally came from, and also to show how it traveled from that original source to the new commercial enterprise. The first question is “source”; the second is “path.” For example, selling a property can document one source of income, but you still need to connect the funds used to originally buy that property, the title history, the sale contract, tax payments, the account that received the sale proceeds, and every subsequent wire transfer.
Common sources each carry their own evidence chain
Accumulated salary generally involves employment records, pay stubs, and tax filings. Corporate dividends require documentation of the company's operations, equity ownership, financial statements, distribution resolutions, and tax records. A property sale requires proof of how title was acquired plus the transaction paperwork. A gift requires you to further document the donor's own lawful source of wealth. Submitting a single bank balance statement is usually not enough to answer where the capital originally came from.
When time has passed, you may need to reasonably reconstruct the record
Chinese families commonly face gaps: property purchased many years ago, historical cash transactions, incomplete corporate bookkeeping, or bank records that were only retained for a limited period. Missing documents do not automatically mean a case cannot move forward, but you should inventory alternative evidence early and reconstruct the chain using contemporaneous documents, counterparty records, and a consistent factual account. Recreating documents after the fact creates a far more serious authenticity problem than a documentation gap ever would.
The cross-border path must be real and traceable
Converting RMB to US dollars and remitting funds across borders is also governed by China's and other relevant jurisdictions' foreign exchange, banking, and anti-money-laundering rules. When multiple people convert currency, when a third-party account is used, or when relatives or friends help move funds, it is not enough that the money eventually arrives. Every step needs to be genuine, lawful, documented, and consistent with the narrative in the immigration filing.
Vet the source before you sign for a project
If non-refundable fees are paid first and only afterward does it become clear that the funds evidence cannot be closed out, a client ends up under pressure from both the project and the filing at the same time. A more prudent sequence is to complete a source-of-funds screening first, list the gaps and what evidence could fill them, and only then decide on subscription and timing of the capital transfer.
Note for applicants based in China
This article uses fact patterns common to Chinese families, but every family's asset history, cross-border banking arrangements, and documentation are different and must be reviewed individually.
Risk notice and disclaimer
This article provides general information only. It does not constitute U.S. legal, tax, securities, or investment advice, and it does not guarantee immigration approval, investment returns, or return of principal. Eligibility, project risk, and documentation strategy should be reviewed by appropriately qualified professionals based on your individual circumstances. Project names, entity relationships, fees, and any affiliations are governed by the formal disclosure documents and signed agreements.
TIHU's role and relationship disclosure
- · TIHU can help organize facts and documentation, but the legal analysis must be handled by an immigration attorney, and cross-border transfers and tax matters should be confirmed by the relevant professionals. The common paths described on this site are for general understanding only and are not instructions for any specific family's situation.
Projects, employers, attorneys or law firms, and China-based service companies may be independent legal entities. Where a resource has an affiliated or compensated relationship with TIHU, we disclose it in writing before any engagement.
Legal judgment and legal documents are the responsibility of a licensed attorney acting within an actual engagement. TIHU does not provide legal advice and does not promise any approval outcome.
Official sources
This article is general educational content and does not constitute legal, investment or tax advice. Tax matters should be assessed for your specific situation by a licensed U.S. tax attorney or CPA.