Inherited Funds, Gifts, and the EB-5 Visa: Navigating Documentation Hurdles

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Key Takeaways

Inherited and gifted funds are permitted for EB-5 investments if their lawful origin is documented and verified by USCIS.
USCIS mandates detailed records, such as wills, probates, financial statements, and affidavits, to trace the origin of funds.
Filing fees for EB-5 applications increased by 200% as of April 1, 2024; minimum investment starts at $800,000 in 2024.

The EB-5 Immigrant Investor Program offers a unique opportunity for foreign nationals to obtain U.S. permanent residency by investing in businesses that create jobs in the United States 🇺🇸. If your investment funds come from inheritance or gifts, this pathway is still open to you, but it requires careful documentation to prove the lawful source of these funds. The United States Citizenship and Immigration Services (USCIS) applies rigorous checks to all EB-5 applicants, and those using inherited funds or gifted money can expect heightened scrutiny.

Are Inherited Funds and Gifts Permitted for EB-5 Investments?

Inherited Funds, Gifts, and the EB-5 Visa: Navigating Documentation Hurdles

Yes, inherited funds and gifts are allowed for EB-5 investments, provided that they meet all legal requirements. This means showing clearly that the funds were obtained lawfully and were transferred to the investor through legitimate means. USCIS will examine the entire history of the money, including its original source.

To use inherited funds, the applicant must prove how the deceased initially obtained the assets and verify their own relationship with the deceased person. For gifted funds, the donor must demonstrate the legal origin of the money and provide clear evidence of the transfer to the applicant. Regardless of where the money originally came from, supporting documentation is non-negotiable.

Required Documentation for Inherited Funds

Using inherited funds presents unique requirements, as the lineage and legal origin of the funds must be clearly established. The following documents are typically required:

Proving Relationship to the Deceased: A death certificate is necessary to establish that you have a legal right to the inheritance. USCIS is precise in requiring this step.
Will and Probate Records: Providing a copy of the deceased person’s will and supporting probate documents can confirm the legal transfer of the assets to you.
Original Source of Assets: Documents such as old financial records, property deeds, or previous income tax filings may be needed to show how the deceased obtained the funds.
Fund Transfer Records: Once the inheritance has been distributed, you’ll need bank statements or other financial evidence showing that the money made its way to your account.
Older Inheritances: If the inheritance occurred long ago and original documentation is unavailable, you may need to use sworn affidavits from family members to explain how the assets were acquired.

The process can become especially challenging for older inheritances as obtaining historical financial records may be difficult. In such cases, compiling accurate statements from relatives and enlisting the help of professionals may help fill in gaps.

Documentation Needs for Gifted Funds

Gifted funds are also an acceptable source of investment under the EB-5 Immigrant Investor Program. However, there are additional documentation hurdles to overcome, particularly concerning the donor’s financial history. This includes:

Gift Affidavit: A notarized affidavit is required, clearly stating that the gift does not have to be repaid and specifying the exact amount and the date of the transfer.
Proof of Donor Funds: USCIS closely examines the origins of the donor’s wealth. Documentation may include their tax filings, bank statements, pay stubs, or proof of business ownership.
Financial Transfer Records: Statements confirming the transfer of funds from the donor’s account to your account will also be required.
Donor Relationship: While not always mandatory, strong evidence showing your relationship with the donor strengthens your case. This could be a birth certificate, marriage record, or other documentation.
Gift Taxes: If the gifted amount triggers tax obligations, proof that those taxes were paid is usually required.

Like inherited funds, gifted money needs to be linked back to its original source to satisfy USCIS scrutiny. The key is transparency and providing a full paper trail.

The Rise in USCIS Scrutiny

In recent years, USCIS scrutiny on EB-5 applications has intensified, especially regarding the origins of investment funds. This trend has accelerated since the passage of the EB-5 Reform and Integrity Act of 2022. The Act introduced stricter rules to prevent fraud and ensure that all funds involved in EB-5 investments meet stringent standards.

As of 2025, USCIS has issued increasing numbers of Requests for Evidence (RFEs), particularly for applicants who rely on complex funding sources like inheritance or gifts. These requests often demand exhaustive documentation tracing the funds back multiple generations, further complicating the process for some applicants.

Practical Challenges When Applying

Investors using inherited or gifted funds should expect additional challenges compared to those funding their investment with personal savings or business income. Here are key points you should be aware of:

Document Collection May Take Time: Older inheritances or complex family financial histories might require months to gather sufficient documents.
Tracing Multiple Generations of Funds: USCIS ensures thorough checks by sometimes requesting proof not only of the immediate transfer but also of how the original assets were earned.
Costs May Add Up: Specialized professionals, such as EB-5 immigration attorneys or certified financial advisors, may be necessary to help applicants meet USCIS requirements, which could increase the overall cost of application preparation.
Expect the Potential for RFEs: Receiving an RFE for missing or incomplete documentation is not uncommon in cases involving inherited or gifted funds. This can further extend the already lengthy EB-5 process.
Expanded Filing Fees: Filing fees for EB-5 forms increased by 200% as of April 1, 2024, meaning applicants now face higher upfront costs even before any investment is made.

Recent Changes in the EB-5 Program

Several reforms have reshaped the EB-5 Immigrant Investor Program. As of 2024, the new minimum investment amount is $800,000 for Targeted Employment Areas and $1.05 million for other projects. Additionally, certain visa numbers are set aside for rural areas and high-unemployment regions. These adjustments reflect the evolving nature of the program, which continues to emphasize compliance and national security.

One major outcome of this evolution is that applicants must now provide even more detailed documentation related to their funding sources. This applies equally to both direct investments and pooled regional center projects.

Key Considerations for Applicants

If you plan to use inherited funds or gifts for your EB-5 investment, preparation is essential. Here are some actionable tips:

Start gathering documents early, as the process can be time-intensive.
Work with legal and financial professionals who specialize in EB-5 applications.
Keep detailed records of all financial transactions, including bank transfers and historical certificates of ownership.
Maintain open communication with the donor or the executor of an estate to ensure their cooperation in securing required documents.

Conclusion

Although inherited funds and gifts are valid sources for EB-5 investments, they come with hurdles that require applicants to be exceptionally thorough. USCIS scrutiny in such cases is higher than ever, necessitating detailed evidence tracing the funds back to their lawful origin. For families handling older inheritances or complex financial histories, this can be especially complicated.

However, with early planning, attention to detail, and professional support, investors can navigate these challenges successfully. As VisaVerge.com notes, the key to securing EB-5 approval is not only satisfying documentation requirements but also showing clear compliance with all program rules.

For more detailed information on the required forms and processes, visit the USCIS EB-5 Overview Page.

Learn Today

EB-5 Immigrant Investor Program → A U.S. visa program allowing foreign nationals to obtain residency by investing in job-creating businesses.
USCIS (United States Citizenship and Immigration Services) → Federal agency overseeing lawful immigration, including stringent checks on EB-5 program participants.
Probate Records → Legal documents confirming the process of validating a will and distributing a deceased person’s assets to heirs.
Gift Affidavit → A notarized statement confirming a financial gift’s details, including its amount, transfer date, and non-repayable nature.
Request for Evidence (RFE) → A formal USCIS notice requesting additional documentation to clarify or complete an immigration application.

This Article in a Nutshell

Inherited or gifted funds can unlock U.S. residency through the EB-5 Investor Program, but meticulous documentation is crucial. USCIS requires proof of lawful origins, from the deceased’s or donor’s financial history to transfer records. Heightened scrutiny demands preparation, but with organized paperwork and professional guidance, you can confidently traverse this intricate pathway to America.
— By VisaVerge.com