New EB-5 Investor Form I-526E is Expanded with New Required EB-5 Investor and Regional Center Disclosures
On July 12, 2022, U.S. Citizenship and Immigration Services (“USCIS”) released Form I-526E, Immigrant Petition by Regional Center Investor. This new form replaces Form I-526, Immigrant Petition by Alien Entrepreneur, which had been the prior individual EB-5 investor petition for both regional center and direct EB-5 investors. Instructions for the new Form I-526E can be accessed here.
Form I-526E form has been expanded and can now only be used for EB-5 investors who select EB-5 regional center sponsored investment projects. We expect USCIS to issue a new separate form for future direct EB-5 investors.
Form I-526E requires additional information about the sponsoring regional center, including the receipt number of a previously filed Form I-956F project form and bona fide information on the EB-5 investor since he/she is now involved in the EB-5 program as an owner of the NCE and indirect investor in the JCE.
Disclosures about the EB-5 investor’s net worth, sources of capital for the EB-5 investment, and a breakdown of all “administrative costs and fees” are now present in the Form I-526E. The EB-5 investor must also answer questions about prior work authorization and compliance with United States immigration laws.
Lastly, the Form I-526E includes a new “amendment” section, indicating that Form I-526E may also be used by EB-5 investors who had previously invested in a troubled EB-5 project and now need to amend their initial I-526 petition given the termination of their EB-5 project’s NCE, JCE or EB-5 regional center.
Overall, the new Form I-526E will require EB-5 immigration attorneys to spend more time gathering information and documents in order to prepare their client’s initial EB-5 investment applications.
