The I-526 Immigrant Petition by Alien Entrepreneur is filed by the EB–5 investor to demonstrate that they are in the process of investing, or have already invested the required amount of capital in a suitable EB–5 project. I-526 petitions are usually prepared on behalf of EB–5 applicants by an immigration attorney.

Applicants are eligible to file the I-526 petition after they have taken the appropriate measures to invest in an acceptable EB-5 project. These projects must be part of a new commercial enterprise and can either be directly invested in by the immigrant investor or can be administered by an EB-5 Regional Center, which has government designation to administer EB-5 projects.

The applicants must provide evidence that they have made an $800,000 to $1.05 million U.S. dollar investment of lawful capital in the new commercial enterprise. The specific required investment amount depends on whether or not the investment is made in an economically depressed location called a targeted employment area (TEA). A key purpose of the I-526 petition is for the applicants to prove that their capital investment comes from a lawful source of funds. Therefore, the EB-5 applicant must provide traceable evidence that proves that the funds were legally obtained.

The applicants must also present evidence that their investment will lead to the creation of full-time jobs (35 hours per week or more) for at least 10 U.S. citizens, permanent residents, or other authorized immigrant workers. Evidence that proves that the EB-5 investor will be in a policymaking or managerial role at the EB-5 project must also be provided. This requirement can be satisfied by demonstrating that an investor has voting rights in an EB-5 Regional Center project that is in the form of a limited partnership or limited liability company.