If your family came to the United States speaking Arabic, you will already be familiar with the amount of paperwork involved in everyday situations, such as opening a bank account, signing a lease or filling in school forms. Now imagine if that paperwork determined whether you were granted a green card. This is the reality of the EB-5 program, where a single unexplained wire transfer can cause an application that took two years to prepare to be rejected. According to the U.S. Census Bureau, more than 2.2 million U.S. residents reported Arab ancestry in the 2022 American Community Survey, and a growing number of families from Egypt, the UAE, Jordan, Lebanon and beyond are using investment immigration to build a future here.
Here is the thing most people don't realize. EB-5 is not just an immigration program. It sits on top of American banking law — anti-money laundering rules, sanctions screening, and reporting thresholds that were written long before you ever thought about a green card. For petitions filed on or after March 15, 2022, you need to invest $1,050,000, or $800,000 in a targeted employment area, and create at least 10 full-time jobs, according to U.S. Citizenship and Immigration Services. That is a lot of money. And the government wants to know exactly where every dollar came from and exactly how it got here.
A good EB-5 investment visa lawyer earns their fee here — not just in terms of immigration, but also in terms of the financial side of things.
Key takeaways
- EB-5 requires $1,050,000, or $800,000 in a targeted employment area, plus 10 jobs, per USCIS, for petitions filed on or after March 15, 2022.
- As confirmed in Nguyen v. USCIS (2023), courts examine both the lawful source and the path of your funds under 8 C.F.R. § 204.6.
- As an ordinary bank transfer does not constitute a cash transaction, the $10,000 currency reporting requirement under 31 C.F.R. § 1010.311 does not usually apply to it.
- Recent court rulings in D.C. have limited how far the U.S. Citizenship and Immigration Services (USCIS) can trace funds through currency exchangers.
- Language access matters. According to the Pew Research Center, around 43% of immigrant Arabic speakers were not proficient in English in 2021.
Table of Contents
Source of Funds versus Path of Funds — and why both can trip you up
The EB-5 program asks two questions about your finances. Firstly, where did it come from? This refers to the source of the funds, such as your salary, business profits, property sales or inheritance. The second question is how the money traveled from your overseas account to the U.S. project. This is the path of funds.
Many applicants excel in the first stage but struggle in the second. In Nguyen v. USCIS, the U.S. Court of Appeals for the Ninth Circuit upheld the denial of an EB-5 visa in November 2023, which was related to a third-party currency swap. The court ruled that 8 C.F.R. § 204.6 allows the government to investigate the lawful origin and movement of funds. The problem lay in the inconsistencies regarding the money exchanger. Similarly, in June 2023, the U.S. District Court for the District of Columbia upheld a denial in Truong v. USCIS because the documentation did not establish how the investor's funds had actually moved through a currency exchanger to the U.S. enterprise.
For many Arab families, currency exchange is simply how money moves. You may use a licensed sarraf or exchange house because it is often faster and cheaper than a direct bank transfer. This is often perfectly legal. However, EB-5 source of funds documentation must clearly show the full chain.
The courts have just set a limit on how far USCIS can go.
The good news is that it is recent. For a while, USCIS was rejecting applications because investors were unable to prove where the currency exchange obtained its dollars. It's unfair to be asked to document a stranger's finances.
Courts have started pushing back. In Zhou v. McAleenan (February 2025) and Sun v. USCIS (March 2025), for example, the U.S. District Court for the District of Columbia overturned EB-5 denials precisely because USCIS demanded proof of how the exchanger obtained its dollars rather than whether the petitioner had lawfully acquired the dollars they invested. In Battineni v. Mayorkas (October 2024), the same court ruled that USCIS had improperly required tracing beyond the investor's immediate loan source, though it upheld a separate denial where $7,000 had not been properly documented.
The lesson applies to both sides. The government cannot expect the impossible. However, you must still account for every part of your investment, even the small amounts.
Do you need an Arab lawyer who speaks Arabic? Heritage Web can put you in touch.
How to transfer EB-5 funds from Arab bank accounts without setting off alarms.
Much of the fear surrounding the movement of money stems from a misunderstanding of the reporting rules. Let me clear a few things up.
A bank transfer is not a cash transaction. The $10,000 currency transaction report under 31 C.F.R. § 1010.311 applies to transactions involving more than $10,000 in physical currency. The Electronic Code of Federal Regulations clearly states that a wire transfer involving no physical cash does not constitute a currency transaction under that rule. The same logic applies to Form 8300 under 31 C.F.R. § 1010.330, which covers the receipt of more than $10,000 in actual currency in a trade or business, rather than an ordinary bank transfer.
So, when should you expect the report? Here are a few scenarios:
- Carrying more than $10,000 in cash or monetary instruments across the US border requires you to complete a FinCEN Form 105 under 31 C.F.R. § 1010.340. Do not do this with EB-5 money — wire it instead.
- If you are a covered U.S. person with foreign accounts totalling more than $10,000 at any time during the year, you must file an FBAR under 31 U.S.C. § 5314. This applies to all your accounts, not just one EB-5 transfer.
- Under 31 C.F.R. § 1020.410, banks must keep records of funds transfers of $3,000 or more, which is a separate standard from the cash thresholds.
The key point to remember is that a clean, documented bank-to-bank transfer is your friend. The reporting rules are not designed to catch out honest investors — they are there to identify those hiding money.
Sanctions, FATF lists and why your home country's reputation matters
This is an example of how geography affects strategy. U.S. banks screen incoming funds against sanctions programs operated by the Office of Foreign Assets Control (OFAC). The penalties are real. For example, in March 2023, OFAC reached a $30,000,000 settlement with Wells Fargo over apparent violations involving Iran, Syria, and Sudan. In another matter, OFAC settled with Emigrant Bank in September 2023 for approximately $31,868 relating to transactions involving Iran. While these are penalties for the banks, they also explain why banks are cautious about certain corridors.
The Financial Action Task Force (FATF) also maintains a watchlist. According to the FATF, Jordan was removed from increased monitoring in October 2023, and the United Arab Emirates in February 2024. Egypt received favorable follow-up ratings in 2024 for its compliance with correspondent banking and money transfer services. However, the FATF added Algeria and Lebanon in October 2024, and Syria and Yemen remained under monitoring as of June 2025.
Why should you care? Because a bank in a country under close monitoring may face more difficulty moving money, which slows your transfer. There has been movement in this area, too: in May 2025, FinCEN announced exceptional relief allowing U.S. banks to maintain correspondent accounts for the Commercial Bank of Syria. Rules change. Work with someone who tracks them.
Gifts and loans are allowed, but the paperwork is strict.
In many Arab families, money is transferred between relatives without contracts. For example, a father might help his son start a business. An uncle might gift money for a wedding or a down payment on a house. Such generosity is normal. The EB-5 program allows this — but with conditions.
The USCIS Policy Manual (Volume 6, Part G, Chapter 2) says that for petitions filed on or after May 14, 2022, gifted or borrowed funds must be provided in good faith and not to dodge source restrictions. If you rely on a gift or a non-bank loan, you must document the donor's or lender's lawful source too. USCIS can ask for up to seven years of personal tax returns and the identities of anyone transferring qualifying funds into the United States on your behalf.
So if your brother gifts you $300,000, be ready to show where your brother's money came from. Get it in writing. A proper gift deed and a clear paper trail give USCIS the documentation it expects for a family gift. Keep in mind that documentation expectations can shift, so confirm current requirements with a qualified attorney before you file your USCIS Form I-526E.
Regional centers, escrow and the fees nobody warns you about
Most EB-5 investors go through the regional center program, which involves government-approved entities pooling investor money into larger projects and handling the job-creation calculations. Many regional center projects hold your funds in escrow until your petition reaches certain milestones; have your lawyer review the escrow terms before you commit.
However, regional centers incur costs and risks. The Integrity Fund charges designated centers an annual fee of $20,000, reduced to $10,000 for smaller centers. This fee is due on 1 October. According to USCIS, INA § 203(b)(5)(E)(vii) requires USCIS to audit each center at least once every five years, including a review of investor-capital flows. In July 2025, the Eleventh Circuit confirmed in Sunshine State Regional Center v. USCIS that this fee applies to centers designated before the 2022 reform law. In June 2022, a federal court in California also preliminarily blocked USCIS from treating previously designated centers as deauthorised in the Behring Regional Center litigation — a reminder that the program's ground rules have been hotly contested.
Carefully vet any center. Ask about audits and litigation history, and find out how your escrow is structured.
When the paperwork is in English and your life is in Arabic.
None of this works if you can't fully understand what you're signing. According to Pew Research Center, in 2021, around 1.4 million U.S. residents spoke Arabic at home, with approximately 190,000 in the Detroit metropolitan area and 155,000 in the New York metropolitan area. Proficiency was only 57% among immigrant Arabic speakers, meaning around 43% were not proficient by that measure. A broader figure from the Migration Policy Institute found that 47% of immigrants in 2023 spoke English less than very well.
That gap can have serious consequences. A mistranslated bank statement or a misunderstood source-of-funds question could result in you losing your case. Community organizations can help you find your feet: the Arab-American Family Support Centre offers services in multiple languages from its Brooklyn office at 150 Court Street, and the American-Arab Anti-Discrimination Committee provides immigration support and can be reached on 202 244 2990.
Nevertheless, the EB-5 process is complex enough that you need a lawyer who can read your documents in their original language and explain your options to you in a language you understand.
Your next step
EB-5 rewards preparation. Organize your financial records early, document every gift and loan at source, use clean bank transfers rather than cash and confirm that your home country's banking system isn't causing any unexpected delays. The investment is substantial, the rules frequently change, and the paperwork is demanding — which is why early preparation and a lawyer who knows both the immigration and the banking side matter.
Having the right guide can make all the difference. Get in touch with an Arab lawyer who speaks Arabic and understands your culture. Submit your case details via Heritage Web's secure referral form.
This article provides general information and does not constitute legal advice. If you require guidance on a specific situation, please consult a qualified attorney.
Find an Arab immigration lawyer
Sources
- Nguyen v. USCIS
- American Community Survey
- Office of Foreign Assets Control
- Truong v. USCIS
- Pew Research Center
- Battineni v. Mayorkas
- Migration Policy Institute
- U.S. Citizenship and Immigration Services
- Zhou v. McAleenan
- Sun v. USCIS
- American-Arab Anti-Discrimination Committee
- 31 C.F.R. § 1010.311
- 31 C.F.R. § 1010.330
- 31 C.F.R. § 1010.340
- FinCEN
- 31 C.F.R. § 1010.410 — Electronic Code of Federal Regulations, 2025
- Financial Action Task Force
- 8 C.F.R. § 204.6
- 31 U.S.C. § 5314
