What does USCIS examine when my EB-5 investment is a gift from my parents?
USCIS traces the entire chain: where the funds lawfully originated, how they moved before the gift, and how they reached the investment account, with no break in the path and no commingling with money of unexplained origin. Showing what an asset sold for is not sufficient — the record also has to establish what lawful funds acquired that asset in the first place. In a case the firm reviewed, a denial followed exactly there: the parents' original purchase funds were never substantiated and the sale proceeds were mixed with unidentified deposits.
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Tax filings are what corroborate both the origin of the funds and the giver's capacity to make the gift, so gaps in them directly weaken the source-of-funds showing. A gifted investment can also raise U.S. gift tax reporting, and records may be needed from the home country as well as U.S. federal and state filings.
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