Evidence for E-2 And EB-5 Visa: USCIS Tightens Requirements

On August 5, 2026, USCIS issued Policy Alert PA-2026-05, “Evidence, Requests for Evidence, and Notices of Intent to Deny.” The new policy generally applies to USCIS benefit requests pending on or filed on or after August 5, 2026.

USCIS officers now have broader discretion to deny a filing when required initial evidence is missing or the record otherwise fails to establish eligibility. Importantly, USCIS does not necessarily have to issue a Request for Evidence first.

This creates particular concerns in investor cases, where the evidentiary record can involve corporate, banking, tax, business, and transactional documents from several countries.

The new policy should not be interpreted as a blanket change to every E-2 Treaty Investor visa application. An E-2 visa application filed through a U.S. Embassy or Consulate is adjudicated by the U.S. Department of State, not USCIS.

The August 5 USCIS Policy Alert therefore does not directly change the evidentiary procedures governing a standard consular E-2 visa application. USCIS does, however, adjudicate certain E-2 matters within the United States, including qualifying applications involving a change or extension of E-2 status. Those USCIS proceedings are affected by USCIS evidentiary policy.

For employee E-2 cases, additional requirements apply. The strength of the case therefore depends not simply on how much money was transferred to the United States, but on how clearly the entire investment can be documented.

Consider an investor who funds a U.S. company using proceeds from the sale of a business or property. It may not be enough to provide a U.S. bank statement showing that the funds arrived in the company’s account.

The evidentiary record may need to explain and document how the investor acquired the underlying asset, how and when it was sold, receipt of the proceeds, transfers between relevant accounts, movement of the funds into the United States, and how the U.S. company actually deployed or committed the capital.

Missing links can create questions about both the source and path of funds. Preparing this evidence after USCIS identifies a problem is now a more dangerous strategy.

For many investors, lawful source of funds is one of the most document-intensive elements of the process.

An investor may obtain EB-5 capital through different lawful sources, depending on the circumstances. Examples can include employment income, business profits, dividends, sale of real estate, sale of a business, inheritance, gifts, or qualifying loans.

The appropriate evidence depends on the source. An investor relying on business income, for example, may need tax records, company financial statements, dividend documentation, bank statements, ownership records, and evidence connecting the company’s earnings to the investor.

An investor relying on a property sale may need purchase records, ownership documentation, a sale agreement, proof of payment, tax documentation, and banking records. The objective is to establish a coherent evidentiary chain.

We prepare professional Source of Funds documents for your visa application, providing clear and reliable proof of your financial means.

Source and path are related but distinct issues. Even if the lawful origin of the money is clear, the investor may also need to document how the capital moved from its original source to the EB-5 investment.

That becomes complicated when funds move through multiple personal accounts, through a company, between currencies, through several countries, through a family member, through a loan transaction, or through an intermediary.

Every additional transaction can create another link that needs to be documented and explained. This is why source-of-funds analysis should ideally begin before the investment structure is finalized, rather than after the transfers have already occurred.

Under the August 2026 policy, investors should be particularly cautious about filing an EB-5 petition while material supporting documentation is still outstanding. The financial stakes can be substantial.

A denial may affect not only legal fees and filing costs but also a significant investment, immigration planning, family relocation, and potentially relevant priority-date considerations. The petition should therefore be treated as a complete evidentiary record from the outset.

USCIS can still issue Requests for Evidence (RFE). However, an investor should not assume an RFE will be issued before a denial. And if USCIS does issue one, the response period may be shorter than applicants have historically expected.

USCIS has clarified that the 12-week RFE response period is a maximum, not necessarily the standard deadline for every case. Collecting years of banking, tax, corporate, and transactional records under a short RFE deadline can be extremely difficult.

1. Can we document the lawful source of every material portion of the investment?
2. Can we trace the path of the money from its source to the U.S. investment?
3. Are the corporate and ownership documents consistent with the immigration forms?
4. Does the evidence establish every requirement applicable to the specific investor category?
5. Could USCIS approve the case without asking for additional documentation?

If the answer to the final question is no, the filing may require further preparation.
 

USCIS’s August 5, 2026 policy reinforces a principle that has always been important in investor immigration cases: follow the money and document every important step.

For EB-5 investors, a complete source- and path-of-funds record should be a central part of case preparation. For E-2 investors filing a matter that is adjudicated by USCIS, the same emphasis on a complete initial evidentiary record is increasingly important.

For E-2 applicants applying for a visa through a U.S. consulate, the August 5 USCIS policy should not be confused with a Department of State rule change. Different procedures and evidentiary requirements apply to the consular visa process.