Step-by-Step Guide to Filing an I-526 Petition for an EB-5 Visa

By making a significant financial investment in the U.S. economy, the EB-5 Immigrant Investor Program provides foreign investors with a path to obtain a U.S. green card. A critical step in this process is completing the I-526 form, sometimes referred to as the Immigrant Petition by Alien Investor. The I-526E form is the right document for candidates investing via regional centers.

From understanding eligibility criteria and required documentation to handling I-526 processing times, fees, and typical problems, this guide will help you through the whole I-526 petition filing process. Whether you participate in a regional center or are a direct investor, this guide will guarantee you have all the data required for a seamless and effective filing.

What is the I-526 Petition?

The official USCIS petition EB-5 applicants must submit proving their eligibility for the program is Form I-526. It provides evidence of the investment, adherence to EB-5 criteria, and dedication to the creation of jobs.

But for those making investments in a regional center, the I-526E form is used. Both forms are critical for USCIS to assess the investor’s case and determine whether they fit for an EB-5 visa.

Who Can File the I-526 Petition?

The petition is open to anyone who:

1. Meet the Investment Criteria:

o A U.S. company must make a minimum investment of $1,050,000.

o If the investment is in a Targeted Employment Area (TEA), which comprises rural areas or regions experiencing high unemployment, it is reduced to $800,000.

2. Can Prove the Source of Funds:

You have to show that your investment funds came from lawful sources. Acceptable records include tax returns, records of property sales, or other financial statements.

3. Commit to Job Creation:

Investors have to commit to either the creation or preservation of at least 10 full-time jobs for American workers.

4. Are Ready to Comply with U.S. Immigration Laws:

o You have to satisfy all other criteria set by the EB-5 visa program.

Step-by-Step Guide to Filing the I-526 Petition

Step 1: Confirm Your Eligibility

Verify that you fit the EB-5 investment, job creation, and source of finance requirements before starting the petition process. Consult a seasoned immigration attorney to assess your case and point up any possible difficulties.

Step 2: Choose Between Direct Investment and Regional Center

• Direct Investment:

If you’re investing in your own business or a standalone enterprise, file the standard I-526 form.

• Regional Center Investment:

File the I-526E form if you are investing through a USCIS-designated regional center. Pre-approved corporations called regional centers help EB-5 investments in major projects go forward.

Step 3: Gather the Required Documents

The success of your petition depends on complete documentation. The necessary records consist in:

1. Proof of Investment:

o Bank statements, wire transfer records, and partnership agreements displaying fund movement.

2. Evidence of Source of Funds:

o Tax returns, paychecks, company profit records, or sale deeds.

o Documentation proving the legal source of the funds should be provided.

3. Business Plan:

If you are investing personally, provide a thorough business plan including your job creation strategy, financial projections, and strategic direction.

4. Regional Center Documents:

If you are submitting the I-526E form, include project details and regional center approval documents.

5. Proof of Job Creation:

Evidence proving how your investment would either create or preserve ten full-time employees, together with projections.

Step 4: Fill Out the I-526 Form

Carefully complete every part of the Form I-526 (or, if relevant, I-526E form). Verify that every detail about your personal information, company activity, and investment is accurate. Mistakes or neglect could cause delays or perhaps the rejection of your petition.

Step 5: Pay the I-526 Filing Fee

Payable directly to USCIS, the I-526 filing fee is $3,675. One can pay with a money order or a check. Make sure you mention this fee when you file your petition. Verify the USCIS website for any changes or fee updates by double-checking.

Step 6: Submit the Petition

Submit the completed form together with supporting documentation and filing fee to the relevant USCIS address. For the most recent mailing address and filing instructions, consult the USCIS website. For your records, keep a copy of everything you submit.

Understanding I-526 Processing Times

The complexity of your case and USCIS workload among other things can affect the I-526 processing time.

Approximated processing times:

• Standard I-526 Petitions:

Usually, processing timeframes run 24 to 30 months.

• Regional Center I-526E Petitions:

Although the I-526E processing time usually corresponds with typical petitions, regional center-specific considerations may sometimes affect it.

How to Track Your Petition Status:

Check the progress of your application with the USCIS online case tracker. The receipt number for the USCIS acknowledgment notice is required.

What Happens After Filing the I-526 Petition?

Not only is filing your I-526 petition only a starting point. The next is as follows:

1. USCIS Review Process

USCIS reviews your job-creating strategies, source of funds, and investment. If more information is required, they request evidence (RFE).

2. Request for Evidence (RFE)

Often for problems like inadequate job development plans or source of funding deficiencies, an RFE asks for an explanation or more documentation. Respond quickly and thoroughly to prevent delays or denials.

3. Approval or Denial

• Approval: You start qualified to apply for a conditional green card.
• Denial: You might address problems in a new petition, refile, or appeal.

4. File for a Conditional Green Card

• Inside the United States: Submit form I-485, adjustment of status.
• Outside the United States: File DS-260 through your local consulate or embassy.

5. Two-Year Conditional Residency

After authorization, you get a two-year conditional green card, which you must satisfy all EB-5 criteria—including job creation.

6. Remove Conditions with Form I-829

File Form I-829 to show your investment stays active and the required employment was created before your conditional residency expired. If approved, your family and you will get permanent green cards.

Tips for a Successful I-526 Petition

1. Work with an Immigration Attorney:

Working with an immigration attorney will help you negotiate the complexity of the process, guarantee adherence to USCIS criteria, and avoid away of typical mistakes.

2. Provide Comprehensive Evidence:

Send thorough, orderly supported documents to support your investment, job creation strategies, and legal source of money.

3. Focus on TEA Criteria:

If applying under the TEA category, be sure you have enough proof the area qualifies as a Targeted Employment Area.

4. Respond to RFEs Promptly:

If more information is needed, USCIS could send a Request for Evidence (RFE). React fast and thoroughly to prevent delays.

5. Keep Updated on Policy Changes:

Policy changes are often updated by USCIS for fees, rules, and I-526 processing times. Compliance depends on being informed.

Common Challenges in the I-526 Process

1. Incomplete or Incorrect Forms:

Errors on the I-526 form can cause delays or denials. Review your petition carefully before submission.

2. Source of Funds Issues:

USCIS demands thorough documentation proving your investment capital comes from lawful sources. Documenting gaps or inconsistencies can cause problems.

3. Job Creation Projections:

Failing to provide incomplete proof of employment creation could lead to the rejection of the project. Verify the accuracy and strength of your regional center documents or business plan.

4. Delays in Processing:

Although USCIS works to keep consistent deadlines, delays are not unusual. Get ready for maybe long waiting times.

Why Choose Passage Immigration?

Complying with an I-526 petition requires extensive understanding of detail and careful filing. Our area of expertise at Passage Immigration is helping investors through the EB-5 visa path. Our knowledgeable staff makes sure your petition is complete, compliant, and most likely approved.

Get in touch right now to start your path toward U.S. residency via the EB-5 program. Your application process can be successful and seamless with the correct preparation and professional guidance from Passage Immigration.