Can I Use Gifted Money for EB-5? Here’s What You Need to Know

Admin
Jun 27
2 min read

The EB-5 visa program offers a direct path to U.S. residency through investment—but what if the funds you plan to invest are a gift from a loved one?

Can gifted money be used for an EB-5 investment?

The short answer is yes—but there are important conditions and documentation requirements you must meet. Let’s unpack the essentials.

✅ USCIS Allows Gifted Funds—With Proof

The U.S. Citizenship and Immigration Services (USCIS) permits the use of gifted funds for EB-5 investments as long as:

● The funds are legally sourced

● The gift is irrevocable

● The transaction is fully documented

That means the donor must not expect the funds to be returned and must clearly show where the money originated.

📄 What Documents Do You Need?

To satisfy USCIS requirements, you’ll typically need:

1. Gift Deed or Gift Letter – Clearly stating that the gift is unconditional and non-refundable.

2. Source of Funds from the Donor – Tax returns, employment records, bank statements, or sale deeds proving how the

donor earned the money.

3. Bank Transfer Proof – A documented trail of the money transferred from the donor to the EB-5 investor.

🧾 Common Sources of Gifted EB-5 Funds

● Parents gifting wealth to children for educational or immigration goals

● Spouses transferring legally earned income

● Inheritance or life insurance payouts

● Asset sales (real estate, shares) by the donor

All sources must be legitimate and traceable—no shortcuts.

⚠️

Watch Out for These Pitfalls

● Inadequate documentation: Missing or vague financial records can delay or deny your petition.

● Improper structuring: Loans disguised as gifts or verbal commitments won’t hold up during USCIS scrutiny.

● Tax issues: Both in the U.S. and the donor’s home country, gifting may trigger tax implications that should be considered beforehand.

How Makaan Regional Center Can Help

At Makaan Regional Center, we’ve helped dozens of families successfully structure and document gifted funds for EB-5 investments. From preparing airtight gift letters to guiding source-of-funds audits, we make sure your application stands up to USCIS standards.