I-526 Application Summary
- Proves eligibility for EB-5 program
- Must be filed to obtain EB-5 visa
- Filed by immigration attorney
- $11,160 filing fee
- Link to the form on the USCIS website
What is the I-526 petition?
The I-526 Immigrant Petition by Alien Entrepreneur is filed by the EB-5 investor to demonstrate that they are in the process of investing or have already invested the required amount of capital in a suitable EB-5 project. I-526 petitions are usually prepared on behalf of EB-5 applicants by an immigration attorney. Applicants can file the I-526 petition after taking the appropriate measures to invest in an acceptable EB-5 project. These projects must be part of a new commercial enterprise. They can either be directly invested in by the immigrant investor or administered by an EB-5 Regional Center, which has government designation to administer EB-5 projects.
The applicants must prove they have made a $800,000 to $1.5 million investments of lawful capital in the new commercial enterprise. The specific required investment amount depends on whether the investment is made in an economically depressed location called a targeted employment area (TEA). A vital purpose of the I-526 petition is for the applicants to prove that their capital investment comes from a lawful source of funds. Therefore, the EB-5 applicant must provide traceable evidence proving the funds were legally obtained.
The applicants must also present evidence that their investment will create full-time jobs (35 hours per week or more) for at least 10 U.S. citizens, permanent residents, or other authorized immigrant workers. Evidence that proves the EB-5 investor will be in a policymaking or managerial role at the EB-5 project must also be provided. This requirement can be satisfied by demonstrating that an investor has voting rights in an EB-5 Regional Center project as a limited partnership or limited liability company.
I-526 requirements
Many forms of evidence may be used to prove that the applicant has met all I-526 petition requirements:
-
Requirement: an EB-5-eligible project has received/will receive the investment
Evidence: articles of incorporation, merger or consolidation certificates, joint venture or limited partnership agreements, state business certificates -
Requirement: the appropriate investment amount has been made in the project
Evidence: bank statements, security agreements, promissory notes, loan or mortgage certificates, or other evidence that sufficiently illustrates the investment amount -
Requirement: the capital investment was obtained through lawful means (legal source of funds)
Evidence: five years of tax returns, pay stubs of the funds coming from earnings from an employer, bank account statements, securities statements (if the funds came from trading/bonds/stocks) -
Requirement: the investment will create ten full-time U.S. jobs
Evidence: a business plan -
Requirement: the investor will be involved with day-to-day management or will have a policy-making position within the EB-5 project
Evidence: corporate documents, statement, and description of duties
Who files the I-526
Immigration attorneys usually complete I-526 petitions. They are submitted to the USCIS California Service Center. The filing fee for the I-526 petition is $3,675. USCIS will occasionally request more evidence as needed. It currently takes the USCIS 31 to 52 months to adjudicate an I-526 application. EB-5 visa applicants can apply for U.S. residential status once the I-526 petition is complete. They do so by filing the I-485 adjustment of status form if they are already in the United States as a nonimmigrant or by filing the DS-260 application if they are abroad.
