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WHITE ROCK · EB-5 FIELD GUIDE

Which papers should be separated when a home purchase runs alongside an EB-5 plan?

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THE DIRECT ANSWER

Keep two files. One holds the property contract, mortgage approval, deposit receipts and closing statements. The other holds the enterprise subscription documents, transfer confirmations, and the earnings, sale or gift records proving lawful source and path for the invested capital. Mixed statements should be annotated so a reviewer can follow each payment.

Annotate every account that serves both

Where a single account funds the deposit and later the investment, a plain schedule listing each debit, its purpose and its supporting document prevents an adverse inference about unexplained withdrawals. Foreign-language records need translation, and lending documents need the loan agreement and evidence of the collateral. If a family member contributes, the source of that person's money also has to be shown, not merely the transfer into the applicant's account.

Hypothetical example: a household holding a small apartment building personally proposes to use its rental income and eventual sale proceeds to fund an investment. A first review would separate three questions that are easily merged: whether the building itself could ever be the qualifying enterprise, how the sale proceeds would be evidenced as lawfully sourced, and how the mortgage repayment on sale is documented so that the gap between price and net proceeds is explained. Each has a different answer, and the first is usually no unless an operating business is actually involved.