[USCIS 발췌]

Restrictions on Use of Loan Proceeds
 

Restrictions on Use of Loan Proceeds USCIS frequently encounters situations in which explicit language in a loan agreement or other document restricts a borrower’s use of the loan proceeds to a purpose other than EB-5 investment.
 
A restriction on the use of proceeds contained in a loan agreement is relevant evidence and will be considered in determining whether the petitioner has demonstrated, by the preponderance of evidence, a lawful source of funds. To establish a lawful source of funds, a petitioner must demonstrate that capital invested was lawfully obtained. Where the petitioner obtains a loan from a lawful source (such as a reputable bank), the loan proceeds may, nevertheless, be unlawful if the capital was obtained by unlawful means (such as fraud on a loan application). Additionally, the presence of a restriction on the use of proceeds may weaken the credibility of the evidence in the record establishing that the loan in question was the actual source for petitioner’s capital investment. Accordingly, we’d like to caution our stakeholders against submitting documents that contain any provisions that would restrict use of the funds for EB-5 investment. As always, whether the petitioner has met his or her burden to establish lawful source of funds will be determined on a case-by-case basis, considering any evidence submitted by the petitioner along with the rest of the record.