IN THIS GUIDE · Rebuilding EB-5 source-of-funds evidence when the original institutions are gone
Start with the EB-5 eligibility and application overview
Reconstructing provenance after an institution disappears
A dissolved bank does not erase the history it recorded. Petitions must show both a lawful source and a lawful path for the capital, so the record can be rebuilt from archived statements you already hold, certified copies from a successor institution or liquidator, and contemporaneous transfer confirmations. Where a gap remains, explain it and corroborate the same transaction from a second angle rather than leaving the movement unexplained.
Tax history as corroboration
Prescribed historical tax records can be required in an EB-5 filing, and it is wrong to assume a fixed number of years is never relevant. Treat filed returns, assessments and notices as the spine that dates your earnings and holdings. Where a brokerage statement is gone, the tax record that reported those gains may still exist, and it can anchor the amounts a reviewing officer must be able to trace. Build a chronology before requesting substitutes: each earning, sale, gift, account transfer, and investment step should have a date, amount, owner, and supporting record. That sequence identifies the missing document precisely and avoids asking an institution for a vague history it cannot locate.
Joint accounts, gifts and related-party transfers
A spouse's name on an older joint account does not automatically convert the capital into a new gift that must be documented as one. Ownership turns on how the account was funded and held, so evidence of contributions matters more than the label. Where funds genuinely are gifted, the giver's lawful source must be shown; and a sale between related parties is not prohibited in every case, though it draws closer scrutiny. Hypothetical example: proceeds from the sale of a commercial bee-pollination company entered a joint account before one spouse wired the capital. The first review compares the sale contract, closing statement, account history, and authority to use the proceeds. The decision is whether the record shows the investor’s lawful source and path, or whether an additional ownership or gift explanation is needed.
Retrieval time, translation budget and filing readiness
Archival retrieval and certified translation take real time and money, and the total depends on the records and services needed; a translator or law firm can give a written quote for the scope you actually have. The qualifying investment is US$1,050,000, or US$800,000 in a targeted employment area or infrastructure project, with statutory adjustments beginning January 1, 2027 — recheck the figure for a later filing.
Count the ten jobs on a direct payroll
EB-5 requires participation in management or policy formulation, which can include qualifying limited-partner rights. How does the project count its ten jobs per investor: direct payroll, or the economic model a regional center may use? Form I-829 is then filed in the ninety days before the second anniversary to show the investment was sustained and the jobs created.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.