Learn everything you need to know about Form I-526, including its purpose, cost, timeline, and how to file it to secure a U.S. green card through investment.
What is Form I-526?
Form I-526, also known as the Immigrant Petition by Alien Investor, is the application that foreign nationals file to participate in the EB-5 Immigrant Investor Program. This program allows investors to earn U.S. permanent residency (a green card) by making qualifying investments in U.S. businesses and creating or preserving jobs for American workers.
By successfully filing Form I-526, you start your journey toward obtaining an EB-5 visa, which offers an opportunity for permanent residency for you, your spouse, and your unmarried children under 21.
How Law and Visas Can Help
Navigating the EB-5 process can be complex, but Law and Visas simplifies it for you. Our team has guided thousands of investors through their immigration journey. With expert assistance, you can ensure that your application is accurate and complete, reducing delays and increasing your chances of success.
Who is Eligible to File Form I-526?
To qualify for the EB-5 program and file Form I-526, you must meet the following requirements:
Investment Amount
- For petitions filed after March 15, 2022, the minimum investment is:
- $1,050,000 in a general investment.
- $800,000 in a Targeted Employment Area (TEA), which includes rural areas or places with high unemployment.
- For petitions filed before March 15, 2022, the minimum investment was $1 million or $500,000 in a TEA.
Type of Business
- Invest in a new commercial enterprise established after November 29, 1990.
- Alternatively, restructure or expand an existing business to significantly increase its net worth or employee base.
Job Creation
- Your investment must create or preserve at least 10 full-time jobs for U.S. workers within two years of obtaining conditional permanent residency.
Active Role in Management
- You must actively participate in the business, either through day-to-day operations or by being involved in strategic decision-making.
How Much Does Form I-526 Cost?
The filing fee for Form I-526 is $11,160. Additional costs for the EB-5 visa process range between $21,130 and $22,225, depending on whether you’re filing from inside or outside the U.S.
These costs include fees for other required forms, legal support, and, in some cases, expenses related to consular processing.
How Long Does Form I-526 Take to Process?
The processing time for Form I-526 currently ranges from 53.4 months. However, this timeline can vary depending on factors like USCIS workload, your country of origin, and the specifics of your investment.
Supporting Documents for Form I-526
When submitting Form I-526, you’ll need to include various documents to prove the legitimacy of your investment and compliance with EB-5 requirements:
Lawful Business Entity
- Business Documents: Articles of incorporation, partnership agreements, or similar records.
- Operating License: Proof that the business is authorized to operate.
- Substantial Change Evidence: For investments in older businesses, provide records showing significant increases in value or workforce.
Targeted Employment Area (TEA)
- TEA Designation: Evidence that your investment is in a TEA, such as census data or unemployment statistics.
Investment Proof
- Financial Records: Bank statements, purchase agreements, or proof of fund transfers showing your investment in the business.
Source of Funds
- Lawful Capital: Tax returns, financial records, or other evidence demonstrating the legal source of your funds.
- Gifts or Loans: Documentation proving that gifted or borrowed funds were obtained legally and transferred in good faith.
Job Creation
- Employment Records: Payroll reports, tax forms, or a business plan outlining future hiring to show job creation.
- For Troubled Businesses: Documentation proving that the number of employees will be maintained for at least two years.
Identification
- Government ID: A photocopy of your passport or another government-issued ID.
How to File Form I-526
Here’s a step-by-step guide to filing Form I-526:
- Gather Documents
Collect all supporting documents, including evidence of investment, lawful funds, and job creation plans. - Complete the Form
Accurately fill out Form I-526, ensuring all sections are complete and accurate. - Pay the Filing Fee
Submit the $11,160 filing fee with your application package. - Mail Your Application
Send the completed form and supporting documents to the appropriate USCIS Lockbox Facility. The mailing address depends on the delivery service you use. - Await Processing
USCIS will review your petition, which may include a Request for Evidence (RFE) if additional information is needed. - Receive a Decision
If your petition is approved, you can move on to the next step: either adjusting your status or applying for consular processing to receive your green card.
Where to File Form I-526
Mailing Address for Form I-526
For USPS deliveries:
USCIS
Attn: I-526/E
P.O. Box 660168
Dallas, TX 75266-0168
For FedEx, UPS, or DHL deliveries:
USCIS
Attn: I-526/E (Box 660168)
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003
Always confirm the latest filing address on the USCIS website before submitting your petition.
FAQs About Form I-526
Can I use a loan for the investment?
Yes, as long as the loan is secured by your own assets, not the business assets.
What if my petition is denied?
You can appeal or file a motion to reopen or reconsider your case with USCIS.
Do I need an attorney?
While not mandatory, hiring an immigration attorney is highly recommended due to the complexity of the EB-5 process.
Can I file Form I-526 electronically?
Currently, Form I-526 must be submitted by mail. Check the USCIS website for updates on electronic filing options.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Green Card, Visitor Visa, or Study Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
