Gaining permanent residency in the U.S. through the EB-5 Immigrant Investor Program requires navigating several crucial processes.
Among them is filing Form I-526E. Investors must correctly fill in this form and provide the required documentation to ensure a successful immigration process.
Filing Form I-526E can be complicated, and making sense of this process can be overwhelming, especially if you’ve never done it before.
This article guides you through the I-526E petition process, so you can confidently pursue your Green Card.
What Is Form I-526E?
What Is the Difference Between Form I-526E and Form I-526?
Steps to Take Before Submitting the I-526E Petition
Differences Between the EB-5 Regional Center Program and Direct EB-5 Investment
Everything You Need to Prepare Your Form I-526E Petition
- Proof of investment in an NCE
- Lawful source of funds
- Potential for job creation
- Information on the regional center
- The investor’s background information
Submitting the I-526E Petition
- What Is the I-526E Process?
- How Do I Apply?
- What If I Want to Amend My I-526E Petition?
- What Are the I-526E Processing Times?
How Can I Speed Up I-526E Processing?
Form I-526E: The First Step Toward an EB-5 Green Card
What Is Form I-526E?
The EB-5 Immigrant Investor Program allows foreign nationals to obtain a U.S. Green Card by investing in a qualifying U.S. business that creates at least 10 jobs.
Both forms, I-526 and I-526E, enable USCIS to determine whether the investor and their investment meet the EB-5 program requirements.
If the petition is approved, the investor may then apply for a two-year conditional green card. After holding conditional residency for two years, the investor later files Form I-829 to obtain permanent residency.
What is the difference between Form I-526E and Form I-526?
In a direct EB-5 investment, the investor places funds straight into a qualifying commercial enterprise and files Form I-526. This type of EB-5 investment appeals to individuals who want greater influence over how the business is run and how decisions are made. Often, investors are required to take an active role in the enterprise formed through a direct investment; however, their participation can be limited to higher-level or policy-related decisions, such as serving as a limited partner.
Indirect investments, on the other hand, are EB-5 investments in projects sponsored by regional centers. This means that foreign investors will have somewhat less control over business operations than they would with direct investments. Any foreign national who invests in the EB-5 program through regional centers should use Form I-526E.
Steps to Take before Submitting the I-526E Petition
Before filing Form I-526E, there are a few steps you have to complete:
- Research and choose a suitable EB-5 project: Thoroughly research and select a qualifying EB-5 project to invest in. Ensure USCIS approves the project and that it meets all necessary requirements, such as creating the required number of jobs and being located in a targeted employment area (TEA).
- Gather and organize supporting documents: Collect all the necessary documentation to support your EB-5 application, including proof of lawful source of funds, investment capital documentation, personal identification, and other required supporting materials.
- Carry out due diligence: Scrutinize the project and the regional center involved to ensure legitimacy, verify its track record, identify potential risks associated with the investment, and double-check everything.
- Make the investment: The minimum investment amount for projects located in targeted employment areas (TEAs) is $800,000, these are rural areas or areas that have an unemployment rate of 150% of the U.S. national average. All other projects and direct investments require a minimum amount of at least $1,050,000.
- Verify jobs created: The EB-5 Immigrant Investor Program awards Green Cards to foreign nationals who make qualifying investments in U.S. businesses. These businesses are also called new commercial enterprises (NCEs) and must create at least 10 jobs for U.S. workers per investor. Ensure that the chosen EB-5 project will create the required number of jobs for qualifying EB-5 investors, either directly or indirectly through an approved regional center.
Once you have completed these steps, you can start preparing your Form I-526E petition.
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Differences between the EB-5 Regional Center Program and Direct EB-5 Investment
There are two options available to international investors wanting to invest in the EB-5 program: direct and regional. Let’s take a brief look at the key differences between the two.
| Direct Investment | Regional Center | |
|---|---|---|
| Investment Structure | Investors put their capital directly into a new commercial enterprise (NCE) that they establish or purchase.
The investment must create jobs for qualifying U.S. workers and allows for more investor control and decision-making.
Form I-526 is used to indicate this investment type. | Investors put their capital into a USCIS-approved regional center. These are private or public agencies that facilitate EB-5 investments by pooling funds from multiple sources into larger projects.
Investor capital is typically used for NCEs and indirectly creates jobs through economic activity.
Form I-526E is used to indicate this investment type. |
| Job Creation Requirement | Only direct jobs created within the commercial enterprise can be counted toward the job creation requirement. This means the business becomes a job-creating entity (JCE).
Direct jobs are positions that demonstrate a direct employer-employee relationship in the business. | Investors can count both direct and indirect job creation toward the job creation requirement.
Indirect jobs are jobs that are created as a result of the economic activity generated by the regional center project. |
| Investor Involvement | Investors in a direct EB-5 project typically play a more active role in managing their investment and the business enterprise.
They are responsible for day-to-day operations and job creation. | Regional center investors play have a more passive role in the business operations, as the management team oversees the project and job creation activities. |
| Risks and Returns | Direct investments may carry a higher level of risk and require more hands-on management, but investors have more direct control over the investment and potential returns. | Regional center projects often involve larger-scale, pooled investments with a diverse range of investors.
While regional centers may offer potentially lower risk due to job creation calculations and experienced management, returns on investment might vary. |
The EB-5 Regional Center Program has proven to be the most popular investment model in the EB-5 program.
Everything You Need to Prepare Your Form I-526E Petition
The three basic purposes of the I-526E petition are to prove that:
- A qualifying EB-5 investment was made in an NCE.
- The investment was made using lawfully sourced funds.
- The NCE has a credible business plan and viable employment creation projections.
This section explains what evidence you need to submit with Form I-526E to demonstrate that these requirements have been met. This application is typically prepared with the assistance of an immigration attorney.
Proof of investment in an NCE
Proof of investment is evidence used to show that you have put capital toward an NCE. This includes:
- Bank statements.
- Loan certificates.
- Promissory notes.
- Escrow account records.
If the NCE is located in a TEA, then evidence of this must be submitted along with Form I-526E. The project or business venture’s I-956F filing will include evidence of its TEA status.
Lawful source of funds
One of the most challenging aspects of preparing the I-526E petition is proving that the EB-5 investment was sourced lawfully. USCIS has high standards for source-of-funds documentation, and it expects investors to provide accurate and thorough information.
Each investor’s source of funds will differ, but many EB-5 applicants use funds from:
- Salary payments.
- Real estate sales.
- Secured loans.
- Stocks proceeds.
- Gifted capital.
An immigration attorney’s guidance will be vital in determining the kind of documentation needed to prove that the source is legitimate.
Potential for job creation
Form I-526E must demonstrate that the investment will be used to create at least 10 qualifying jobs within a reasonable period. You’ll need to create a business plan that includes the following information:
- A description of the business’s purpose.
- Operational plan.
- Financial projections.
- Background information on the management team.
The USCIS may also find the business plan more credible if each projected job position is described in detail and a hiring timetable is provided.
Investors must also be aware of the differences in the way job creation is calculated by direct and regional center-sponsored EB-5 offerings.
The direct investment model requires NCEs to create full-time, W-2 positions that appear on the company’s payroll. These positions must be sustained for at least two years and filled by workers authorized for employment in the U.S.
NCEs in the regional center program can count indirect and direct employment, including part-time jobs.
For example, if a construction project purchases materials and services from local companies, these expenses may count as indirect jobs.
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Information on the regional center
Form I-526E must include information on the regional center that’s sponsoring the NCE. Before accepting I-526E filings for a project, regional centers must first submit a project request or I-956F form.
Each investor’s I-526E petition must include the receipt number for the project’s I-956F form, as well as evidence of all the administrative fees that were paid.
The investor’s background information
Investors are required to include background information on Form I-526E. This includes:
- Employment history.
- Net worth.
- Past compliance with U.S. work authorization and immigration laws.
Submitting the I-526E Petition
Here are answers to common questions regarding the I-526E submission process.
What Is the I-526E Process?
Form I-526E is typically filed with USCIS by an EB-5 investor’s immigration attorney. After submission, USCIS will review the petition and may approve it, deny it, or issue a Request for Evidence (RFE) if additional documentation is needed.
As long as the applicant shows that the funds were sourced legally and provides sufficient evidence of compliance with USCIS standards, the agency’s decision should be favorable.
How do i apply?
- Collect required documentation: Assemble all necessary materials, including records showing the lawful source of investment funds, a comprehensive business plan, and documentation demonstrating job creation.
- Prepare form I-526E: Complete the petition carefully, ensuring all information is accurate and thorough.
- File the petition: Submit Form I-526E to USCIS together with all supporting evidence.
- Await USCIS review: USCIS will evaluate the petition and may issue a Request for Evidence (RFE) if further documentation is needed.
- Receive USCIS decision: Upon approval, you may proceed with either adjustment of status or consular processing to obtain lawful permanent residence.
What if i want to amend my I-526E petition?
In some cases, an EB-5 investor’s NCE or regional center may be denied because it doesn’t comply with USCIS regulations. If a regional center or NCE is terminated for reasons beyond an investor’s control, the investor may file an amendment to their Form I-526E.
Once they’ve filed the amendment, they can either invest in a different project or invest their capital in a different regional center.
What are the I-526E processing times?
EB-5 processing timelines are not uniform and depend heavily on how an investor structures their filing, the type of project selected, and visa availability.
In recent years, changes to the EB-5 program have introduced new pathways that allow eligible investors to move through the process significantly faster than was previously possible. These are explained in the next section.
How Can I Speed Up I-526E Processing?
In March 2022, President Biden enacted the EB-5 Reform and Integrity Act of 2022, which modifies several key policies in regional centers and NCEs.
The bill reserves 32% of the annual EB-5 visa pool for these projects, allowing investors to avoid long wait times caused by visa backlogs. It also grants priority processing times to rural TEA investors. As a result, I-526E wait and processing times have decreased.
Therefore, both USCIS data and EB5AN’s internal records reveal a pronounced spike in rural adjudications in the months leading up to January 2025.
Form I-526E: The First Step toward an EB-5 Green Card
Obtaining approval for Form I-526E requires doing careful research, choosing a USCIS-compliant EB-5 offering, and providing detailed evidence.
This crucial hurdle in the EB-5 process is the first step an international investor takes toward obtaining U.S. permanent resident status. If you are a prospective investor interested in immigrating through the EB-5 process, contact EB5AN for industry-leading expertise.
EB5AN has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.
