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EB-5 Investor Visa: I-526 Application Checklist

Required documentation for I-526 Application

This is a list of necessary documents and declarations that you have to prepare in order to have a successful I-526 application. Please provide every item listed under part 1 of this letter, and select a category that fits you best under part 2 and 3, and provide all items listed under that category.

 

1. Applicant’s Personal Information and General Financial Situation — Please Provide All of the Following Documents

Personal Information

  • Resume of applicant and all dependents (describing job position, duty, length of employment, income)
  • Licenses and diplomas of applicant and all dependents
  • Passport of applicant and all dependents (including the photo page and all visa pages)
  • Other foreign ID of applicant and all dependents
  • Birth certificate of applicant and all dependents
  • Marriage certificate
  • Spousal joint asset declaration (if the income of the applicant is insufficient)
  • Records of civil and criminal litigation against applicant in the past 15 years.

AND

Applicant’s Personal Wealth and Tax Returns in the Most Recent Five Years

  • Individual tax returns for the most recent five years
  • If applicant has no tax returns, explain why they cannot be provided, and then provide other evidence of applicant’s income and economic well-being
  • If the income as shown on the tax returns is too low, then provide evidence of bank savings, investment, long term salary income, dividend and local living expense report to establish the personal wealth of applicant.

AND

Information about Companies that are owned by Applicant

  • Company’s registration
  • Company’s business license
  • Articles of incorporation or other founding documents
  • Shareholder chart
  • News or awards about the company
  • Photos of products or services of the company (the company name should appear in the photo)
  • Marketing material
  • Website screenshot
  • Photos of the company’s office or facility
  • Name change certificate (if applicable)
  • Company’s balance sheet and profit and loss statement in the last fiscal year
  • Tax returns of the company for the past five years
  • If the company was in tax-exempt or tax-reduction status, provide the corporate tax counsel’s declaration, and provide five years of financial report of the company.

2. Proof of Path of Funds — Please Provide All of the Following Documents

  • Applicant bank account showing receipt of and subsequent disbursement of funds to escrow account, or wire receipt
  • Escrow account record showing receipt of the funds to the escrow account
  • Any receipts or statements showing currency conversions

See also: 
EB-5 Investor Visa – FAQ
EB-5 Investor Visa – Step by Step

3. Source of Funds — Please choose one of the following categories that fits your situation best, and provide all documents requested under that category.

Distributions or Dividends from self-owned company

  • Company letter, certifying shares owned by applicant, position assumed in the company, length of such employment, income and its component (salary, bonus, or dividend)
  • Tax returns of applicant for last 5 years
  • Company bank account showing that the compensation was disbursed
  • Applicant bank account showing that the compensation was received
  • If the compensation consists of dividend, provide the board resolution approving such distribution, and documents establishing its legality
  • Financial reports showing the company’s net asset and retained profit in recent years.

OR

Earned income (wages)

  • Letter from each company the applicant has worked for, describing the period of employment, position, compensation and its composition (salary, bonus or dividend)
  • Applicant bank account showing compensation was received, or pay check or slip
  • Bank savings and investment records over the years
  • Local living expense report, or individual living expense proof (if needed)
  • Tax returns of applicant for last 5 years
  • Employment related license, diploma or other certificate
  • If applicant is a sole proprietor, provide declarations from people who knows applicant’s business, describing applicant’s business operation condition.

OR

Income from sale of assets/real estate 

  • Sale contract
  • Certificate of ownership of the asset
  • Transaction tax document
  • Applicant bank account showing receipt of the sale price
  • Asset value appraisal report, and/or photos of the asset
  • Qualification of the evaluating institute
  • Documents related to the initial acquisition of the assets and the source of money used to acquire it. (If the asset was acquired more than seven years before, the investor needs only to provide declarations)
  • If the asset sold is a company, provide the shareholder chart of the company, and the financial reports, photos and websites of the company.

OR

Secured Loan from bank 

  • Applicant declaration about the circumstances around the loan (time, bank, value of collateral, time of fund receipt, purpose of loan)
  • Certificate of ownership of the collateral
  • Value appraisal report of the collateral
  • Qualification of the evaluating institute
  • Documents related to the initial acquisition of the assets and the source of money used to acquire it. (If the asset was acquired more than seven years before, the investor needs only to provide declarations)
  • Loan agreement
  • Promissory note evidencing the receipt of the funds
  • Applicant bank account showing receipt of the funds
  • Documentary proof or declaration that applicant could use lawful money to repay the loan.

OR

Secured Loan from related company or individual 

  • Applicant declaration about the circumstances around the loan (time, bank, value of collateral, time of fund receipt, purpose of loan)
  • Lender’s background and its relationship with applicant
  • Certificate of ownership of the collateral
  • Value appraisal report of the collateral
  • Qualification of the evaluating institute
  • Documents related to the initial acquisition of the assets and the source of money used to acquire it. (If the asset was acquired more than seven years before, the investor needs only to provide declarations)
  • Loan agreement
  • Promissory note evidencing the receipt of the funds
  • Applicant bank account showing receipt of the funds
  • Documentary proof or declaration that applicant could use lawful money to repay the loan
  • If the lender is an individual, provide the tax returns of the individual and the tax payment record of his company, or explain his source of income.
  • If the lender is a company, provide the financial reports of the company, showing the net assets and retained profit of the company
  • If the lender is a company, provide the board resolution approving the loan. OR Loan from related individual or company without collateral (applicant must have large lawful assets and have a close relationship with the lender)
  • Applicant declaration about the circumstances around the loan (time, bank, value of collateral, time of fund receipt, purpose of loan)
  • Lender’s background and its relationship with applicant
  • Loan agreement (if no written agreement, provide declaration from both parties about the terms of the loan)
  • Declaration from both parties stating the loan is not secured
  • Promissory note evidencing the receipt of the funds
  • Applicant bank account showing receipt of the funds
  • Lender’s bank account showing disbursing of the funds
  • Establishing applicant’s lawful assets are large enough to repay the debt (providing bank savings record, investment and other ownership of real estates.)
  • If the lender is an individual, provide the tax returns of the individual and the tax payment record of his company, or explain his source of income
  • If the lender is a company, provide the financial reports of the company, showing the net assets and retained profit of the company
  • If the lender is a company, provide the board resolution approving the loan.

OR

Gifts 

  • Applicant declaration about the circumstances around the gift
  • Donor’s background and its relationship with applicant
  • Donor’s tax returns and the tax payment record of his company, or explain the source of the funds
  • Documents or declaration proving the means the donor obtained the gift initially
  • Donor declaration that he does not expect repayment
  • If the gift is money, provide bank account information or wire receipt showing the funds were disbursed and received
  • If the gift is assets other than money, provide notary certificate about the transfer
  • Gift tax proof.

OR

Inheritance 

  • Proof of the parties’ relationship
  • Death certificate
  • Will or court order for distribution (if the documents are missing because a long time has elapsed, provide witness declarations)
  • Donor’s background and proof that he acquired the asset through lawful funds. (If the gift was acquired long ago, provide witness declaration)
  • If the inheritance is money, provide bank account information or wire receipt showing the funds were disbursed and received (if the documents are missing because a long time has elapsed, provide witness declarations)
  • If the gift is assets other than money, provide notary certificate about the transfer (if the documents are missing because a long time has elapsed, provide witness declarations)
  • Inheritance tax record

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