A project with the presence of previously approved I-526 petitions is likely a compliant new commercial enterprise (NCE), as evaluated by United States Citizenship and Immigration Services (USCIS). As such, the benefits of investing in such a project are that there is a much higher likelihood that the new investor will have their petition approved, provided they meet all the necessary requirements.
These necessary requirements include documentation from the investor that proves their investment funds have been lawfully sourced. Lawfully sourced capital can originate from an inheritance, a business, the investor’s personal income, the profit earned from selling assets, a gift from a family member, or a loan.
However, investors should be mindful that the presence of other investors in a project does not indicate the project itself is entirely safe or a good investment. Similarly, it does not reflect a guarantee of the investor receiving an approval on their I-829 petition after the two-year conditional residency period.
Even after an investor is granted their two-year conditional residency, they must file and receive approval of an I-829 petition to receive a U.S. green card. USCIS will assess the I-829 petition to see if the investor’s investment has remained at risk and if their job creation requirement was met. The “at risk” requirement is in place to ensure investors use their capital to generate employment and contribute to the U.S. economy. In terms of the number of positions they must generate, the minimum is 10, and they must be full-time positions filled by authorized U.S. workers.
Should an investor choose to invest in a project with previously approved I-526 petitions, there is a greater chance their own petition will be approved. However, because every project is different, investors should work closely with third-party industry experts and immigration attorneys to conduct due diligence before committing to investing in a certain project.
