What to Do Before Submitting Form I-526\/I-526E<\/h6>\n\n- 1. Find an Immigration Attorney<\/a><\/li>\n
- 2. Choose a New Commercial Enterprise and Investment Model<\/a>\n
\n- Direct Investment<\/li>\n
- Regional Center Investment<\/li>\n<\/ul>\n<\/li>\n
- 3. Understand the Capital Investment Requirement<\/a><\/li>\n
- 4. Perform Due Diligence<\/a>\n
\n- Immigration Risk<\/li>\n
- Financial Risk<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
What to Include With Form I-526\/I-526E
\n<\/a><\/h6>\nConcurrent Filing of Form I-485
\n<\/a><\/h6>\nHow to Submit Form I-526\/I-526E
\n<\/a><\/h6>\nHow Does Form I-526\/I-526E Fit Into the EB-5 Process?
\n<\/a><\/h6>\nGet Help With Form I-526\/I-526E<\/a><\/h6>\n<\/div>\nWhat to Do Before Submitting Form I-526\/I-526E<\/h3>\n
![\"An](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2022\/05\/image3.jpg\")
<\/p>\n
1. Find an Immigration Attorney<\/h4>\n
Hiring an experienced immigration attorney<\/a> is one of the most important things you should do before filing Form I-526\/I-526E. The immigration process can be complex. An attorney will help you complete your forms correctly and handle any legal challenges that may arise. <\/p>\n2. Choose a New Commercial Enterprise and Investment Model<\/h4>\n
Next, you will need to invest in a new commercial enterprise (NCE). This is a lawful business that follows the requirements of the EB-5 program and creates jobs for U.S. workers. An NCE might be structured as a corporation, partnership, or limited liability company.<\/p>\n
You can make this investment via one of two pathways: directly or via a USCIS-designated regional center. <\/p>\n
Direct Investment<\/h4>\n
A direct investment requires the participant to be actively involved in managing the business, including the creation of its jobs. Direct investors have more control over the business\u2019s operations. There are no intermediaries, and a direct project can accept no more than one investor. Direct investments tend to be for restaurants, schools, and other small- to moderate-sized enterprises.<\/p>\n
If you decide to invest directly, you\u2019ll submit Form I-526<\/a> (Immigrant Petition by Standalone Investor). <\/p>\nRegional Center Investment<\/h4>\n
A regional center investment requires fewer decisions and less involvement in the management of the project from the investor. Regional centers<\/a> take on more of these responsibilities. The job creation criteria are also more lenient than is the case with a direct investment. Each regional center project can be funded by numerous investors. Such projects are often large real estate developments.<\/p>\nIf you decide to invest via a regional center, you\u2019ll submit Form I-526E<\/a> (Immigrant Petition by Regional Center Investor). <\/p>\n3. Understand the Capital Investment Requirement<\/h4>\n
![\"An](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2022\/05\/image2.jpg\")
<\/p>\n
An EB-5 investor has to make a qualifying investment. The usual minimum investment amount for an EB-5 project is $1,050,000. A project located in a targeted employment area<\/a> (TEA) or related to public infrastructure is eligible for a lower minimum investment of $800,000. These amounts are subject to change in 2027.<\/p>\nTEAs are eligible for this discounted amount because they are rural or have high unemployment rates. There is more need for economic growth and job creation in these areas. <\/p>\n
A location qualifies as a rural TEA<\/a> if it is outside a metropolitan statistical area and a city or town with a population above 20,000. High-unemployment TEAs have unemployment rates that are at least 150% of the U.S. national average.<\/p>\n4. Perform Due Diligence<\/h4>\n
Carrying out careful research on your planned investment opportunity is important. It is especially useful to find out more about the management team of each new commercial enterprise and regional center, including their track record with previous investors who filed the I-526 or I-526E petition.<\/p>\n
Performing due diligence allows investors to lower risk. Below are some of the issues you\u2019ll want to think about\u2014ideally, in collaboration with your immigration attorney and an experienced EB-5 consulting firm\u2014before making a sizable investment.<\/p>\n
Immigration Risk<\/h4>\n
In the EB-5 investment industry, an applicant\u2019s immigration risk represents their chances of obtaining a permanent U.S. Green Card. <\/p>\n
A project\u2019s compliance with USCIS regulations is crucial to an investor\u2019s immigration success. The safest projects<\/a> do not rely excessively on investment funding; instead, their capital structure is diversified, with much of the amount coming from the developer.<\/p>\nDoes your planned project have a good chance of creating at least 10 full-time jobs for U.S. workers that last for at least two years? If the answer is no, it\u2019s probably not a wise investment.<\/p>\n
Financial Risk<\/h4>\n
An EB-5 applicant\u2019s financial risk of losing their investment capital can be mitigated by investing in projects that are likely to succeed.<\/p>\n
Once more, a balanced capital structure that does not depend solely on funding for completion is a good indicator that a project can return the investors\u2019 capital.<\/p>\n
Investors should also examine each project\u2019s repayment strategy and timetable.<\/p>\n
What to Include With Form I-526\/I-526E <\/h3>\n
![\"A](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2022\/05\/image5-1.jpg\")
<\/p>\n
Your completed Form I-526\/I-526E application needs to include certain types of evidence<\/a>, as outlined below.<\/p>\n\n- Submit proof that the project is eligible for EB-5 funding and has received the investment. Evidence of this can include business agreements, financial reports, and articles of incorporation for direct investments, or Form I-956F<\/a> for regional center investments.<\/li>\n
- You\u2019ll need proof that you invested the required capital of at least $800,000 for a TEA project or $1,050,000 for a non-TEA project. Documents that can prove this include bank statements, business records, and loan or mortgage certificates.<\/li>\n
- Submit proof that your investment funds were obtained lawfully<\/a>. Such lawful source evidence can come from bank statements, tax returns, salary or earnings documents, personal property sales records, or gifts from other parties. These documents should be detailed and thorough.<\/li>\n
- Direct investors need proof that their investment is creating at least 10 full-time jobs (with each employee working for at least 35 hours per week) for U.S. workers. Positions filled by the investor and their family members don\u2019t count. You can show that you\u2019ll fulfill this requirement with a business plan (including details about how the NCE\u2019s hiring plan will work and its fulfillment timeline) or an Economic Impact Analysis provided by another party.<\/li>\n
- Direct investments require you to show proof that you\u2019ll be involved in the active management of the business. Evidence to support this may include documentation that describes your management and policymaking duties, your voting records, or other papers indicating that you helped establish the NCE\u2019s business policy.<\/li>\n
- Submit a copy of your government-issued identification, such as a passport.<\/li>\n<\/ul>\n
Concurrent Filing of Form I-485<\/h3>\n
![\"Close-up](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2022\/05\/image4-2.jpg\")
<\/p>\n
Thanks to the EB-5 Reform and Integrity Act of 2022 (RIA), many investors can now save time with concurrent filing of Form I-526\/I-526E and Form I-485<\/a>. They no longer have to wait for USCIS approval of Form I-526\/I-526E before submitting Form I-485 to adjust status. <\/p>\nConcurrent filing means that EB-5 investors can get access to the benefits of lawful permanent resident status\u2014such as travel and work flexibility\u2014while they wait to get their I-526\/I-526Es approved. This also allows them to get their temporary Green Cards quicker. <\/p>\n
To qualify for concurrent filing, you must already reside in the United States and you must have been born in a country that is not subject to visa retrogression<\/a>. If not, you can proceed with your application through consular processing.<\/p>\nHow to Submit Form I-526\/I-526E <\/h3>\n
![\"A](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2022\/05\/image7.jpg\")
<\/p>\n
You should file your Form I-526\/I-526E petition after your EB-5 investment is in escrow.
\nMost EB-5 applicants work with immigration attorneys to compile documents and fill out the paperwork. Note that the general filing fee is $11,160. A supplemental fee of $1,000 must also be included with Form I-526E, in accordance with the RIA. <\/p>\n
Your attorney will usually submit Form I-526\/I-526E to USCIS on your behalf. Regardless of who mails it, the form should go to the address below that matches your chosen mail carrier service. <\/p>\n
USCIS Dallas Lockbox<\/h4>\n
U.S. Postal Service (USPS):<\/strong><\/p>\nUSCIS
\nAttn: I-526\/E
\nP.O. Box 660168
\nDallas, TX 75266-0168<\/p>\n
FedEx, UPS, and DHL deliveries:<\/strong><\/p>\nUSCIS
\nAttn: I-526\/E (Box 660168)
\n2501 S. State Highway 121 Business
\nSuite 400
\nLewisville, TX 75067-8003<\/p>\n
How Does Form I-526\/I-526E Fit Into the EB-5 Process?<\/h3>\n
Depending on the visa category, USCIS may take years just to adjudicate an I-526 petition. Delays are especially likely if you\u2019re from a high-demand country that faces a visa backlog and if you don\u2019t invest in a rural TEA project that\u2019s eligible for priority processing. <\/p>\n
The key stages of the EB-5 process are as follows:<\/p>\n
\n- Ensure a visa is available.<\/p>\n
- Start the EB-5 investment process.\n
- File Forms I-526\/I-526E and I-485 to get your conditional Green Card.<\/li>\n
- Leave your capital invested in the project and at risk for at least two years.<\/li>\n
- Send Form I-829 to USCIS during the last three months of the two-year conditional period.<\/li>\n
- Await I-829 approval to receive unconditional Green Cards for yourself and qualified family members.<\/li>\n<\/ul>\n
Get Help With Form I-526\/I-526E<\/h3>\n
![\"A](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2022\/05\/image6.jpg\")
<\/p>\n
Getting your I-526 or I-526E immigration petition approved is a critical part of the EB-5 capital investment process. <\/p>\n
That\u2019s why you need help from trusted EB-5 industry professionals.<\/p>\n
- \n
- Direct Investment<\/li>\n
- Regional Center Investment<\/li>\n<\/ul>\n<\/li>\n
- 3. Understand the Capital Investment Requirement<\/a><\/li>\n
- 4. Perform Due Diligence<\/a>\n
- \n
- Immigration Risk<\/li>\n
- Financial Risk<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
What to Include With Form I-526\/I-526E
\n<\/a><\/h6>\nConcurrent Filing of Form I-485
\n<\/a><\/h6>\nHow to Submit Form I-526\/I-526E
\n<\/a><\/h6>\nHow Does Form I-526\/I-526E Fit Into the EB-5 Process?
\n<\/a><\/h6>\nGet Help With Form I-526\/I-526E<\/a><\/h6>\n<\/div>\n
What to Do Before Submitting Form I-526\/I-526E<\/h3>\n
<\/p>\n1. Find an Immigration Attorney<\/h4>\n
Hiring an experienced immigration attorney<\/a> is one of the most important things you should do before filing Form I-526\/I-526E. The immigration process can be complex. An attorney will help you complete your forms correctly and handle any legal challenges that may arise. <\/p>\n
2. Choose a New Commercial Enterprise and Investment Model<\/h4>\n
Next, you will need to invest in a new commercial enterprise (NCE). This is a lawful business that follows the requirements of the EB-5 program and creates jobs for U.S. workers. An NCE might be structured as a corporation, partnership, or limited liability company.<\/p>\n
You can make this investment via one of two pathways: directly or via a USCIS-designated regional center. <\/p>\n
Direct Investment<\/h4>\n
A direct investment requires the participant to be actively involved in managing the business, including the creation of its jobs. Direct investors have more control over the business\u2019s operations. There are no intermediaries, and a direct project can accept no more than one investor. Direct investments tend to be for restaurants, schools, and other small- to moderate-sized enterprises.<\/p>\n
If you decide to invest directly, you\u2019ll submit Form I-526<\/a> (Immigrant Petition by Standalone Investor). <\/p>\n
Regional Center Investment<\/h4>\n
A regional center investment requires fewer decisions and less involvement in the management of the project from the investor. Regional centers<\/a> take on more of these responsibilities. The job creation criteria are also more lenient than is the case with a direct investment. Each regional center project can be funded by numerous investors. Such projects are often large real estate developments.<\/p>\n
If you decide to invest via a regional center, you\u2019ll submit Form I-526E<\/a> (Immigrant Petition by Regional Center Investor). <\/p>\n
3. Understand the Capital Investment Requirement<\/h4>\n
<\/p>\nAn EB-5 investor has to make a qualifying investment. The usual minimum investment amount for an EB-5 project is $1,050,000. A project located in a targeted employment area<\/a> (TEA) or related to public infrastructure is eligible for a lower minimum investment of $800,000. These amounts are subject to change in 2027.<\/p>\n
TEAs are eligible for this discounted amount because they are rural or have high unemployment rates. There is more need for economic growth and job creation in these areas. <\/p>\n
A location qualifies as a rural TEA<\/a> if it is outside a metropolitan statistical area and a city or town with a population above 20,000. High-unemployment TEAs have unemployment rates that are at least 150% of the U.S. national average.<\/p>\n
4. Perform Due Diligence<\/h4>\n
Carrying out careful research on your planned investment opportunity is important. It is especially useful to find out more about the management team of each new commercial enterprise and regional center, including their track record with previous investors who filed the I-526 or I-526E petition.<\/p>\n
Performing due diligence allows investors to lower risk. Below are some of the issues you\u2019ll want to think about\u2014ideally, in collaboration with your immigration attorney and an experienced EB-5 consulting firm\u2014before making a sizable investment.<\/p>\n
Immigration Risk<\/h4>\n
In the EB-5 investment industry, an applicant\u2019s immigration risk represents their chances of obtaining a permanent U.S. Green Card. <\/p>\n
A project\u2019s compliance with USCIS regulations is crucial to an investor\u2019s immigration success. The safest projects<\/a> do not rely excessively on investment funding; instead, their capital structure is diversified, with much of the amount coming from the developer.<\/p>\n
Does your planned project have a good chance of creating at least 10 full-time jobs for U.S. workers that last for at least two years? If the answer is no, it\u2019s probably not a wise investment.<\/p>\n
Financial Risk<\/h4>\n
An EB-5 applicant\u2019s financial risk of losing their investment capital can be mitigated by investing in projects that are likely to succeed.<\/p>\n
Once more, a balanced capital structure that does not depend solely on funding for completion is a good indicator that a project can return the investors\u2019 capital.<\/p>\n
Investors should also examine each project\u2019s repayment strategy and timetable.<\/p>\n
What to Include With Form I-526\/I-526E <\/h3>\n
<\/p>\nYour completed Form I-526\/I-526E application needs to include certain types of evidence<\/a>, as outlined below.<\/p>\n
- \n
- Submit proof that the project is eligible for EB-5 funding and has received the investment. Evidence of this can include business agreements, financial reports, and articles of incorporation for direct investments, or Form I-956F<\/a> for regional center investments.<\/li>\n
- You\u2019ll need proof that you invested the required capital of at least $800,000 for a TEA project or $1,050,000 for a non-TEA project. Documents that can prove this include bank statements, business records, and loan or mortgage certificates.<\/li>\n
- Submit proof that your investment funds were obtained lawfully<\/a>. Such lawful source evidence can come from bank statements, tax returns, salary or earnings documents, personal property sales records, or gifts from other parties. These documents should be detailed and thorough.<\/li>\n
- Direct investors need proof that their investment is creating at least 10 full-time jobs (with each employee working for at least 35 hours per week) for U.S. workers. Positions filled by the investor and their family members don\u2019t count. You can show that you\u2019ll fulfill this requirement with a business plan (including details about how the NCE\u2019s hiring plan will work and its fulfillment timeline) or an Economic Impact Analysis provided by another party.<\/li>\n
- Direct investments require you to show proof that you\u2019ll be involved in the active management of the business. Evidence to support this may include documentation that describes your management and policymaking duties, your voting records, or other papers indicating that you helped establish the NCE\u2019s business policy.<\/li>\n
- Submit a copy of your government-issued identification, such as a passport.<\/li>\n<\/ul>\n
Concurrent Filing of Form I-485<\/h3>\n
<\/p>\nThanks to the EB-5 Reform and Integrity Act of 2022 (RIA), many investors can now save time with concurrent filing of Form I-526\/I-526E and Form I-485<\/a>. They no longer have to wait for USCIS approval of Form I-526\/I-526E before submitting Form I-485 to adjust status. <\/p>\n
Concurrent filing means that EB-5 investors can get access to the benefits of lawful permanent resident status\u2014such as travel and work flexibility\u2014while they wait to get their I-526\/I-526Es approved. This also allows them to get their temporary Green Cards quicker. <\/p>\n
To qualify for concurrent filing, you must already reside in the United States and you must have been born in a country that is not subject to visa retrogression<\/a>. If not, you can proceed with your application through consular processing.<\/p>\n
How to Submit Form I-526\/I-526E <\/h3>\n
<\/p>\nYou should file your Form I-526\/I-526E petition after your EB-5 investment is in escrow.
\nMost EB-5 applicants work with immigration attorneys to compile documents and fill out the paperwork. Note that the general filing fee is $11,160. A supplemental fee of $1,000 must also be included with Form I-526E, in accordance with the RIA. <\/p>\nYour attorney will usually submit Form I-526\/I-526E to USCIS on your behalf. Regardless of who mails it, the form should go to the address below that matches your chosen mail carrier service. <\/p>\n
USCIS Dallas Lockbox<\/h4>\n
U.S. Postal Service (USPS):<\/strong><\/p>\n
USCIS
\nAttn: I-526\/E
\nP.O. Box 660168
\nDallas, TX 75266-0168<\/p>\nFedEx, UPS, and DHL deliveries:<\/strong><\/p>\n
USCIS
\nAttn: I-526\/E (Box 660168)
\n2501 S. State Highway 121 Business
\nSuite 400
\nLewisville, TX 75067-8003<\/p>\nHow Does Form I-526\/I-526E Fit Into the EB-5 Process?<\/h3>\n
Depending on the visa category, USCIS may take years just to adjudicate an I-526 petition. Delays are especially likely if you\u2019re from a high-demand country that faces a visa backlog and if you don\u2019t invest in a rural TEA project that\u2019s eligible for priority processing. <\/p>\n
The key stages of the EB-5 process are as follows:<\/p>\n
- \n
- Ensure a visa is available.<\/p>\n
- Start the EB-5 investment process.\n
- File Forms I-526\/I-526E and I-485 to get your conditional Green Card.<\/li>\n
- Leave your capital invested in the project and at risk for at least two years.<\/li>\n
- Send Form I-829 to USCIS during the last three months of the two-year conditional period.<\/li>\n
- Await I-829 approval to receive unconditional Green Cards for yourself and qualified family members.<\/li>\n<\/ul>\n
Get Help With Form I-526\/I-526E<\/h3>\n
<\/p>\nGetting your I-526 or I-526E immigration petition approved is a critical part of the EB-5 capital investment process. <\/p>\n
That\u2019s why you need help from trusted EB-5 industry professionals.<\/p>\n
- Financial Risk<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
- Regional Center Investment<\/li>\n<\/ul>\n<\/li>\n