The EB-5 Immigrant Investor Program offers a pathway for foreign nationals to obtain permanent resident status in the United States by investing in U.S. commercial enterprises.
At the start of the EB-5 process, a foreign investor must submit Form I-526E to the United States Citizenship and Immigration Services (USCIS).
An I-526E submission is extraordinarily complex, requiring a vast number of supporting documents. It is not uncommon for the paperwork in some I-526E petitions to weigh more than 40 pounds (20 kg). Due diligence and proper filing practices are essential.
In the following article, we will cover the fundamentals of Form I-526E, including supporting evidence and filing fees, and highlight common mistakes to avoid when filing your family’s EB-5 immigration petition.
Here’s What We’re Going to Cover:
Form I-526E Basics
Form I-526E, Immigrant Petition by a Regional Center Investor, is to demonstrate investor compliance with the EB-5 program, in order to receive a U.S. conditional permanent resident Green Card.
The petition must show evidence that the appropriate capital investment has been made in a qualifying U.S. enterprise through a USCIS-approved EB-5 regional center, and that the investment will ensure sufficient job creation.
EB-5 Eligibility Requirements
The minimum EB-5 investment is $800,000 for projects located in targeted employment areas (TEAs).
TEAs are rural areas or areas of high unemployment, that qualify foreign investors for set-aside EB-5 visas. Projects located elsewhere require a minimum investment of $1,050,000.
Eligible projects must be new commercial enterprises (NCEs) generating at least 10 full-time employment positions per EB-5 investor. These jobs for U.S. workers must last a minimum of two years.
Documentation must prove lawful source of funds and the investor’s daily management in the investment project. For regional center investors, management can be demonstrated by being a board member of the NCE.
Form I-526E or Form I-526?
Form I-526E is for regional center investors.
A staggering 94 percent of all successful EB-5 applicants are regional center investors. All EB5AN investment projects operate through our national network of USCIS-approved regional centers, meaning all our foreign investors file Form I-526E.
Investing through an EB-5 regional center affords a host of benefits to foreign investors over direct EB-5 investment. For instance, regional centers can count indirect and induced jobs in the community, as well as direct employees of the company, toward their required minimum 10 jobs created.
Form I-526, Immigrant Petition by a Standalone Investor, is for the 6 percent of EB-5 investors who choose not to pool their money through a regional center. Very few investors file Form I-526, as it comes with severe restrictions on job creation and other requirements.
Supporting Documentation
An I-526E petition requires extensive accompanying documentation, including evidence of investment, lawfully sourced funds, NCE eligibility, job creation, and investor involvement in the NCE.
The following are a few examples of the types of supporting documentation a successful I-526E immigration petition may require:
Evidence of Investment
- Bank statements
- Loan certificates
- Security agreements
- Promissory notes
- Escrow account records
- Other evidence the required capital has been invested.
Evidence of Lawfully-Sourced Funds
- Payment records of income used in the investment
- Securities statements
- Seven years of tax returns
- Bank account statements
- Gifted funds must submit proof the donor legally obtained their own funds and gifted them in good faith.
Evidence of NCE Eligibility
- Articles of incorporation
- State business certificates
- Joint venture agreements
- Limited partnership agreements
- Merger or consolidation certificates
Evidence of Job Creation
- Comprehensive business plan, with
- a hiring timetable
- And an economic report that credibly demonstrates through accepted methodologies that the employment requirement will be met.
- Employee tax forms, such as Form I-9
- Payroll records
- Other hiring documentation
Evidence of Investor Involvement
- Corporate documents
- Description of the investor’s responsibilities (limited partner, board member, etc)
Filing Form I-526E
Immigration attorneys typically prepare and submit Form I-526E to USCIS on behalf of investors. An immigration attorney is essential, given the petition’s complexity and significance in the EB-5 visa process.
A licensed immigration attorney will mail the investor’s I-526E petition package to the USCIS Dallas Lockbox. USCIS mailing addresses are subject to change.
Filing Fees
The nonrefundable filing fee for Form I-526E is $3,675, with an additional $1,000 fee for regional center investors. A separate $85 biometrics services fee is also required.
Money orders or checks should be payable to “U.S. Department of Homeland Security”.
I-526E Approval
Due to increased USCIS processing times post-COVID, a waiting period of approximately two years is expected. However, set-aside visas for TEA projects have allowed some investors to be approved for a U.S. Green Card in as little as 11 months.
Once an investor’s I-526E petition is approved, they can apply for permanent resident status.
Investors already legally residing in the U.S. can concurrently file their Form I-485, Petition for Adjustment of Status at the same time they submit Form I-526E, streamlining this process.
Investors living abroad must file Form DS-260, Immigrant Visa Electronic Application, to be allowed to enter the U.S. as a conditional permanent resident.
Common I-526E Filing Mistakes
It is important to check USCIS’ filing instructions for Form I-526E. Rejections, delays, and requests for evidence at this crucial step in the EB-5 process can derail an entire family’s U.S. immigration path.
Children can even age out of immigration eligibility under the EB-5 program, if delays or wait times grow too long.
Tips For Filling Out Form I-526E
Answer all questions. Do not leave any fields blank. USCIS may reject or deny your petition if it is not completely filled out.
If a question does not pertain to you, type or print “N/A” or “None”, as needed.
Type or print legibly in black ink.
If you need extra space to write, use the space provided in “Part 12. Additional Information”. You may also attach a separate sheet of paper, with your name and Alien Registration Number (if applicable) at the top of each sheet, and your signature and date at the bottom. Include the Page Number, Part Number, and Item Number your answer refers to.
Write your foreign permanent address in your native alphabet, if it is not in Roman letters.
Tips for Signatures
Do not use digital signatures. Do not use stamped signature or a typewritten name.
All signatures on the original document of an I-526E petition must be handwritten in black ink. USCIS will accept photocopies of original documents that contain handwritten signatures.
For children under 14 years of age, a parent or legal guardian may sign the petition on their behalf.
Tips for Documentation and Filing
Submit photocopies of all required documents. Do not submit original documents, unless USCIS requests them.
If you send an original document when it is not requested, USCIS may keep or destroy the document. If USCIS does request an original document, USCIS will return it to the investor once they are finished.
Print or save a copy of your completed petition to review and keep in your records.
Tips for Filing Fees
Do not mail cash.
Submit all fees as checks or money orders in the exact amount required.
Make sure the check is made out to the correct agency. Spell out “U.S. Department of Homeland Security”. Do not use initials such as “USDHS” or “DHS.”
If a check is returned unpayable more than once, USCIS will reject an investor’s entire I-526E petition and charge a returned check fee.
After I-526E Submission
If an EB-5 petitioner moves, they must file an address change with USCIS within 10 days of moving from their previous residence.
If USCIS requires a petitioner to appear in person for an interview or a biometrics services appointment, they will notify the investor of the appointment date, time, and location.
The $85 biometrics services fee is due at the time of I-526E filing, whether or not an appointment is later required.
Delays, Inquiries, and Requests for Evidence
While the typical wait for I-526E adjudication is around two years, delays or outright rejection may occur. Investors can check the status of their own I-526E petition on the USICS website any time.
If an investor’s I-526E adjudication is delayed 93 percent longer than other petitions, investors may submit an inquiry with the Immigrant Investor Program Office.
USCIS may send a Requests for evidence (RFEs). RFEs can be addressed within 30 to 90 days, but may require the help of an EB-5 consultant, such as EB5AN.
Common reasons for RFEs include insufficient business plan details, inaccurate financial projections, lack of third-party evidence demonstrating project feasibility, or lack of proof the NCE can operate successfully enough to sustain 10 jobs.
Starting the EB-5 Process
Collaborating with an EB-5 professional and a licensed immigration attorney can streamline the I-526E petition process and prevent costly delays or rejection.
EB5AN’s regional center network has helped more than 2,300 families from over 60 countries to successfully immigrate to the U.S. with a 100 percent USCIS approval rate.
Learn more about how to file Form I-526E and start your EB-5 journey today with EB5AN’s free online one-on-one consultation.
