EB-5 I-526E Request For Evidence Trends: Loans and Property Sales

EB-5 I-526 and I-526E petitions have generally experienced a low Request for Evidence (RFE) rate. However, more recently, practitioners have observed a slight increase in RFEs issued in I-526E filings where investor capital is sourced through a loan or the sale of property.  

These RFEs reflect a shift toward closer review of lawful source of funds documentation and the evidentiary record supporting the origin, control and traceability of investment capital, particularly where US Citizenship and Immigration Services (USCIS) is assessing whether funds were independently controlled by the investor. 

EB-5 Loan-Based Investment RFEs: USCIS Source of Funds Scrutiny  

Where EB-5 investment capital is derived (in part or in full) from a loan, RFEs are increasingly focused on the structure and legitimacy of the loan arrangement. Officers commonly request additional evidence of the lender’s lawful source of funds, documentation confirming the investor’s ownership interest in any pledged collateral and clear proof that the loan is personally owed by the investor rather than guaranteed by the new commercial enterprise. 

EB-5 Property Sale Funds: Documentation Requirements and RFEs 

Source of funds analyses relying on proceeds from a property sale can sometimes prompt additional questions from an adjudicating officer. These typically request complete ownership histories, purchase and sale agreements, proof of valuation and evidence that sale proceeds were lawfully transferred through traceable financial channels. This level of scrutiny can be particularly challenging where the property was inherited or held for an extended period prior to sale, as adjudicators expect clear documentation linking original ownership through to final proceeds. 

This trend underscores the importance of front‑loading EB‑5 filings involve loans or property sales with robust transaction level documentation and clear source and path of funds tracing. Investors should anticipate more detailed questioning and work closely with legal counsel to prepare comprehensive evidentiary records at the outset.

Submitting a complete and well-documented filing can help reduce the risk of an RFE and avoid extended adjudication timelines.  

EB-5 RFE Trends: USCIS Focus on Source of Funds Traceability 

As USCIS continues to emphasize program integrity, careful planning and documentation of complex funding structures are becoming essential to mitigating delays and avoiding prolonged adjudications.

This trend reflects a more detailed and document-driven approach to source of funds review at the time of filing, particularly in cases involving loans or property sales. In practice, outcomes increasingly depend on how clearly the full financial path can be established from origin to investment within the initial evidentiary submission.

Need to Know More?

For questions about EB-5 I-526 and I-526E petitions, please contact Senior Associate Tracey Kimberly at [email protected].

This blog was published on May 1, 2026 and may be subject to change. Updates may occur as policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and follow Fragomen on  LinkedIn, Facebook and Instagram.