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BRAMPTON · EB-5 FIELD GUIDE

Is a gift letter enough for EB-5?

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THE DIRECT ANSWER

No. It is one part of a package that should establish the donor’s ownership and lawful acquisition of the money, the gift terms and the movement into the investor’s qualifying investment.

Support the declaration with records

Use documents appropriate to the donor’s source, such as earnings and tax records or an asset-sale history. Add the sending and receiving statements and identify any intermediary. Check names, amounts and dates for consistency.

Explain genuine documentary gaps to counsel rather than replacing financial evidence with a more emphatic declaration. Preserve fee-payment evidence where a donor also covers administration expenses. A gift letter is a statement of intention and carries weight only alongside the records that make it credible.

Assemble the donor's evidence of lawful source covering how the money was earned or otherwise acquired, together with bank statements showing it in their possession and the transfer out. Add proof of the relationship where the connection is relied upon, evidence of the donor's identity, and any tax treatment or reporting the gift attracted in the relevant jurisdiction. On the recipient's side, show the funds arriving and remaining identifiable through to the investment.

Where the donor's own wealth came from a business, expect to explain that business as well. Date the gift instrument at the time it was made rather than preparing it afterwards, since a document created to fill a gap tends to read as one.