Form I-526, Explained

What is Form I-526?

Form I-526 (“Immigrant Petition by Alien Investor”) allows foreign investors to apply for a U.S. green card through the EB-5 Immigrant Investor Program. This program requires investing in a U.S. business and creating or preserving jobs.

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Eligibility

To file Form I-526, you must:

• Invest the Required Amount: For petitions filed after March 15, 2022, the investment amount is $1,050,000 or $800,000 if the investment is in a Targeted Employment Area (TEA), which includes rural or high-unemployment areas. For petitions filed before March 15, 2022, the minimum investment amount is $1 million. If you are investing in a TEA, the minimum is $500,000.
• New Commercial Enterprise: Invest in a new commercial enterprise established after November 29, 1990, or restructure or expand an existing business.
• Job Creation: Create or preserve at least 10 full-time jobs for U.S. workers within two years of your admission to the U.S. as a conditional permanent resident.
• Management Role: Be involved in the day-to-day management or policy formulation of the business.

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How Much Does Form I-526 Cost?

The filing fee for Form I-526 is $11,160. Keep in mind there are other required forms and fees when applying for the EB-5 visa. The total cost for an EB-5 investor visa is between $21,130 and $22,225, depending on where you are filing from. For a breakdown on all the costs, Boundless has put together a detailed guide on the EB-5 visa.

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Processing Time for Form I-526

The processing time for Form I-526 is currently between 71.1 months.

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Form I-526 Supporting Documents

When filing Form I-526, you must include supporting documents to support your petition. These documents should demonstrate your investment in a lawful business entity, the lawful source of your funds, and the creation or preservation of jobs. Here’s a detailed list of required documents based on USCIS guidelines:

1. Lawful Business Entity:
   • Organizational Documents: Copies of articles of incorporation, partnership agreements, joint venture agreements, or other similar organizational documents.
   • Business Authorization: A certificate evidencing the business’s authority to operate in its jurisdiction, or a statement explaining why such a certificate is not required.
   • Evidence of Substantial Change: If investing in a business formed on or before November 29, 1990, provide evidence that your investment resulted in a substantial increase in the net worth or number of employees. This can include stock purchase agreements, investment agreements, certified financial reports, and payroll records.
2. Targeted Employment Area (TEA):
   • TEA Designation: Evidence that your investment is in a TEA, if applicable. This can include census tract information and calculations demonstrating the area’s high unemployment rate or rural status.
3. Investment:
   • Proof of Investment: Documentation showing that you have invested or are in the process of investing the required amount. Acceptable evidence includes bank statements, purchase agreements, property transfer documents, or evidence of funds transferred to the business in exchange for equity.
4. Lawful Source of Funds:
   • Source of Capital: Evidence proving that the capital you are investing was obtained lawfully. This can include foreign business registration records, tax returns for the past seven years, documentation of other capital sources, certified copies of judgments, and evidence of pending governmental or civil actions.
   • Gift or Loan Documentation: If your investment funds were gifted or borrowed, provide evidence from the donor or lender demonstrating the lawful source of the funds and that the transaction was made in good faith.
5. Job Creation:
   • Employment Evidence: Evidence that your investment has created or will create at least ten full-time jobs for qualifying employees. This can include tax records, Form I-9s, or other employment documents if the jobs have already been filled. If not, a comprehensive business plan detailing future hiring must be provided.
   • Troubled Business Evidence: For investments in troubled businesses, provide documentation showing that the number of employees will be maintained at pre-investment levels for at least two years. This can include tax records and Forms I-9s.
6. Identification:
   • Government-Issued ID: A photocopy of your government-issued identification, such as your passport.

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How to Apply

• Prepare Your Documents: Gather all required documents, such as proof of investment funds, a business plan, and evidence of job creation.
• Complete Form I-526: Fill out the form accurately and completely.
• Submit the Form: File Form I-526 along with the filing fee and all supporting documents to USCIS.
• Wait for Processing: USCIS will review your petition, which may include a request for additional evidence (RFE).
• Receive a Decision: If approved, you can move forward with adjusting your status or consular processing to obtain your Green Card.

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Where to File Form I-526

When filing Form I-526, you need to submit your petition to the correct USCIS Lockbox Facility. The filing address depends on the type of delivery service you use.

Mailing Address for Form I-526 or Form I-526E; Form I-526 or Form I-526E with Form I-485; and Form I-485 based on a pending or approved Form I-526 or Form I-526E:

U.S. Postal Service (USPS)

USCIS
Attn: I-526/E
P.O. Box 660168
Dallas, TX 75266-0168

FedEx, UPS, and DHL Deliveries

USCIS
Attn: I-526/E (Box 660168)
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003

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