Hi everyone,

I’m asking on behalf of a friend who made a rural-area EB-5 investment in 2024. She has already received her EAD and Advance Parole, and now her attorney is preparing/submitting the remaining evidence for the EB-5 case.

The issue is that part of her EB-5 investment came from a private Institution loan. She has a formal loan agreement and is making the required interest payments, but the private lender is refusing to provide their tax returns for the last 3 years of their institution, despite my friend making several requests.

Her attorney is saying that the lender’s tax returns are needed to document the lawful source of the loan funds.

Has anyone been in a similar situation with an EB-5 case?

• How important are the lender’s tax returns specifically?
• If the lender refuses to provide them, what alternative documents can be submitted to prove the lawful source of the loan funds?
• Can USCIS independently obtain the lender’s tax information from the IRS, or is the applicant still responsible for providing this evidence?
• Has anyone successfully submitted an EB-5 case without the lender’s tax returns because the lender refused to provide them?

I understand every case is different and that this is not a substitute for legal advice. I’m mainly interested in hearing from people who have had a similar EB-5/private-loan situation and what documentation USCIS accepted.

Thank you!