Proof of Source of Funds (SOF) for EB5 application
Proof of Source of Funds (SOF ) is a crucial part of the EB-5 application, as USCIS (U.S. Citizenship and Immigration Services) requires investors to demonstrate that the investment funds are legitimate, clearly traceable, and not related to illegal activities.
Below are the steps and documents needed to demonstrate the source of funds for an EB-5 application:
🔍 1. Identify the primary source of your investment funds.
Typically, the EB-5 investment amount is $800,000 , plus other fees. Therefore, it's essential to first determine the source of the investment funds. Some common eligible sources include:
- Income from salary (including bank statements, employment contract, payslips, and tax returns)
- Income from business operations (company financial statements, contracts, tax reports)
- Selling real estate (sales contract, ownership documents, money transfer documents)
- Inheritance or gift (inheritance documents, gift contract, certificate of relationship, proof of the donor's legitimate source of funds)
- Loans and bank borrowings (loan agreements, repayment history, proof of collateral if applicable)
- Long-term savings (account statements, bank statements for several years)
📑 2. Prepare supporting documents
Depending on the source of funds, you may need to prepare the following documents:
| Type of funding | Required documents |
|---|---|
| Wage | Employment contract, payslip, bank statement, tax return. |
| Business | Business registration certificate, financial statements, tax returns, contracts with customers. |
| Real estate | Land ownership certificate, sales contract, confirmation of money transfer from the buyer. |
| Give it as a gift | Gift contract, proof of identity, proof that the donor has legally owned property. |
| Get a loan | Loan agreement, credit history, collateral |
| Save | Account statements over the years, transaction history, confirmation letters from the bank. |
🛠 3. Prepare a Statement of Cash Flow (“SOF Explanation”)
An EB-5 lawyer or accountant will help prepare a statement detailing the following:
- Where does the money come from?
- How is history accumulated?
- When and how are funds transferred to the investment account?
- Are they complying with Vietnamese and US laws?
The goal is to ensure transparency, logic, and viability of each step of the cash flow.
🌐 4. Document translation and notarization
All documents not in English must be translated into English and notarized or certified , meeting the standards for submission to USCIS.
👨⚖️ 5. Submit the SOF along with Form I-526E
The explanation and supporting documents proving the source of funds will be submitted with Form I-526E , the main form in the EB-5 application.
✅ Important Note
- Do not use money from dubious or unclear sources.
- The documentation must be complete, logical, and verifiable.
- These transactions must be clearly documented in your bank statement.
- Transferring money abroad should comply with Vietnamese law.
