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APPLICATION ANSWERS · EB-5 FIELD GUIDE

How do we document an estate distribution paid through an executor for a Chatham-Kent applicant?

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THE DIRECT ANSWER

Explain the executor’s authority, the applicant’s entitlement and the actual transfer path. The account holder’s name alone does not establish who beneficially owns every amount.

Connect the estate records with the payment

Retain relevant orders or authority documents, distribution statements, underlying source records and bank evidence. Identify deductions and any conditions attached to receipt. Do not assume every payment must pass through a particular personal account; have the actual lawful arrangement assessed and preserve a clear chain to the investment.

EB-5 requires qualifying capital exposed to business risk, a documented lawful source and path, and the required job creation. Residence obtained through the category begins on a conditional basis, so the investment and employment evidence must remain capable of supporting the later conditions process. A first review should produce a source-of-funds map that begins before the money entered the applicant’s account and ends at the receiving enterprise. Use primary transaction records for each link, then separately assess the project documents and the job-creation model. Sequence source review before wiring funds where possible. A large balance, a promoter summary, or a family explanation cannot by itself resolve a gap in the transfer chain or show that qualifying jobs will be created. Hypothetical example: A ceramic-tile importer receives a family gift after the donor sells an asset. The donor’s acquisition and sale records, gift instrument, banking trail, and recipient records are needed; a final deposit alone does not document the earlier source. The practical next step is to preserve the underlying record, identify any conflict in writing, and decide the sequence from the facts rather than from a preferred outcome.