In the journey toward obtaining a U.S. green card through the EB-5 program, proving the source of funds remains the most critical hurdle. Utilizing gifted assets is a popular method, especially for Vietnamese families where parents wish to secure a future for their children. However, under the RIA 2022 Act and the latest 2026 updates, USCIS does not merely look at the amount received; they strictly scrutinize the "source of the source." Correcting handling gift-based documentation is essential to avoid Requests for Evidence (RFEs) that cause significant delays.
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A common mistake among investors is assuming that a gift contract alone is sufficient. In reality, USCIS requires a detailed explanation of how the donor legally acquired those funds. This means the donor must undergo a source of funds verification process similar to that of a direct investor.
• Funds from income: You must provide employment contracts, pay stubs, and personal income tax returns for the donor for at least the last 5 to 7 years.
• Funds from real estate sales: The file must include the old ownership certificate, notarized sales contract, tax receipts for the transfer, and bank statements showing the proceeds entering the donor's account.
• Funds from business accumulation: The donor needs to present business licenses, financial statements, and vouchers for dividend payments or after-tax profits.
A vital consideration in 2026 is the transparency of the relationship. If the donor is not a close relative (such as a parent or sibling), USCIS will question whether it is a "disguised gift" or a hidden loan. In such cases, an extremely persuasive explanation of the donor's motivation is required to ensure the logical integrity of the application.
Once the donor’s source of assets is clarified, the next step is to construct an airtight "path of funds." Every movement of the money, from the donor’s account to its arrival in the EB-5 project in the U.S., must be recorded with bank vouchers.
– Gift affidavit: This is the core legal document. The contract must be notarized, clearly state the information of both parties, the amount, and specifically confirm that this is an unconditional gift with no obligation to repay.
– Proof of transfer: It is crucial to avoid cash transactions. Funds should be transferred from the donor's bank account to the investor's account. Subsequently, the investor transfers this amount to the project's escrow account in the U.S. The consistency of balances and dates on bank statements is the most valuable evidence of authenticity.
– Compliance with international transfer regulations: In Vietnam, transferring a large capital sum ($800,000 or more) abroad must be conducted through licensed credit institutions. Using unofficial money transfer channels will lead to immediate rejection because it violates the legality of the path of funds under RIA standards.
Handling gifted funds requires close coordination between the investor, the donor, and an experienced immigration attorney. A meticulously prepared file with clear traceability from the original source to the final destination will be the "key" to helping your family soon hold the powerful U.S. green card.
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