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I-526: Immigrant Petition by Alien Investor

The I-526 form is a petition filed by foreign nationals who wish to immigrate to the United States based on their investment in a new commercial enterprise. This form is a crucial step in the EB-5 Immigrant Investor Program, which provides a pathway for investors and their immediate family members to obtain lawful permanent residency (Green Card) in the U.S.

Key Features of the I-526 Form

  1. Purpose:
    • The I-526 petition is designed for individuals seeking to qualify for the EB-5 program, which requires a substantial investment in a new commercial enterprise that will create jobs for U.S. workers.
  2. Investment Requirements:
    • Investors must meet specific financial thresholds:
      • A minimum investment of $1 million in a new commercial enterprise.
      • A reduced minimum investment of $500,000 if the investment is made in a targeted employment area (TEA), which includes rural areas or areas with high unemployment.
  3. Job Creation:
    • The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the U.S. as a lawful permanent resident.
  4. New Commercial Enterprise:
    • The business must be a for-profit entity established after November 29, 1990, or an existing business that has been restructured or expanded to meet the job creation requirement.

Eligibility Requirements

To file the I-526, investors must demonstrate:

  • The legitimacy of the investment funds, which must be lawfully obtained.
  • A clear plan for the new commercial enterprise, including job creation projections.
  • Evidence that the investment meets the minimum financial requirements set by USCIS.

How to File the I-526

  1. Complete the Form:
    • Accurately fill out the I-526 form, providing all required information related to the investment and the new commercial enterprise.
  2. Gather Supporting Documentation:
    • Include evidence such as:
      • Proof of the source of investment funds (e.g., tax returns, bank statements).
      • A comprehensive business plan outlining how the investment will create jobs.
      • Documentation of the new commercial enterprise.
  3. File with USCIS:
    • Submit the completed I-526 petition along with the required filing fee to the appropriate USCIS office.
  4. Await Processing:
    • After submission, applicants will receive a receipt notice from USCIS and can track the status of their petition.

NOW YOU LEARNED!

The I-526 form is a vital component of the EB-5 Immigrant Investor Program, allowing foreign investors to secure a pathway to U.S. permanent residency through their investment in job-creating enterprises. If you have questions about the I-526 form or need assistance with your petition, please contact our support team for guidance.