Issue: USCIS requests employment records from 10+ years ago.

Tips: If the investor owns their own company, we can provide:

  • Evidence of company registration.
  • Evidence in the form of leases, property records, etc. of business establishment.
  • Letters from the bank showing that banking records are not available.
  • Letters from relevant tax authorities that records are not available.

If the investor works (or used to work) for a company, we can provide:

  • If the business is closed, documentation to show the business is no longer registered or operating.
  • Affidavits from former co-workers attesting to investor’s work at the company.
  • Evidence from relevant tax authorities that records are not available.

Issue: Investor transacts mainly in cash.

Tips:

  • If a business transacts in cash, we can show copies of contracts, letters from customers, an accountant’s letter, etc.
  • If a home was sold and the investor received cash, the contract should discuss this, and then show the cash being deposited into the bank by the investor around the time of the sale, along with an affidavit from the investor.
  • Obtain an affidavit or letter from the seller regarding the transaction, if possible.
  • Evidence of a gold purchase, if applicable.

Issue: Funds should touch the bank account of the investor at some point prior to the transfer to escrow.

Tips: It may be possible for a 3rd party to transfer the funds to escrow on behalf of the investor; however, it is important to make sure the funds touch the investor’s account at some time prior to the transfer into escrow.

  • It is always possible to use a money transfer agent to get the money into escrow; we like to document the agreement with the money transfer agent or get a letter that the agent helped transfer the money for the investor.
  • If a company helps transfer money to escrow, we can document:
    • Investor → Company in Vietnam
    • Same company in 3rd country → escrow account on behalf of investor
    • Letter from the company showing that the company helped transfer the money for the investor.
    • Provide copies of the transfer to the company in Vietnam, and if possible, also obtain copies of the transfer from the company in the 3rd country to the escrow.
  • If an individual helps transfer money to escrow, we can document:
    • Investor → individual in Vietnam
    • Same individual in 3rd Country → escrow account on behalf of investor
    • Letter from the individual that the individual helped transfer the money for the investor.
    • Provide copies of the transfer to the individual in Vietnam, and if possible, also obtain copies of the transfer from the individual in the 3rd country to the escrow.
  • Keep in mind that if the bank rejects the transfer, the funds will be returned to the account from which they came.
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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has deep experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions.

Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations.

Photo of Jennifer Hermansky Jennifer Hermansky

Jennifer Hermansky focuses her immigration practice on employment-based immigration. Jennifer has experience serving health care, pharmaceutical and real estate industries, as well as entrepreneurs, scientists and researchers in scientific communities for a wide range of temporary visa options and permanent residence solutions.