What is the I-526 Petition?
- Who is eligible to receive immigration benefits from my EB-5 investment?
- Can I include my family members on my EB-5 visa petition?
- Can adopted children immigrate with me on EB-5?
- Why was the EB-5 Investor Visa Program created?
- What are the EB-5 Investment Requirements?
- Who Can Apply for the EB-5 Investor Program?
- What are EB-5 Eligible Countries?
- What Are the Benefits of the EB-5 Visa Investor Program?
- Is EB-5 a passive investment?
- How many EB5 visas can the US government issue each year?
- Are there any nationality restrictions for EB-5 applicants?
- Can I travel outside the US for extended periods after I get my green card?
- Do I require Tax returns & other financial documentation for EB5 filing?
- When can I apply for US citizenship?
- How long must I remain in the U.S. each year?
- What is a Reentry Permit? (USCIS Guide Download)
- I am a Green Card Holder, Do I need a Re-Entry Permit?
- Re-Entry Permit Process Timeline
- Expedited Processing for Re-Entry Permit
- USCIS requires EB-5 investments to be “at-risk”, so how do your projects have guarantees?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the USCIS background check?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- Can I use a loan for EB-5?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift for EB-5?
- Can I Use 401(k) funds for EB-5 investment?
- I don’t have $800K in cash. What are my options?
- What is the Source of Funds Report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
What is the I-526 Petition?
The I-526 Petition (or Form I-526) is the initial petition for an EB-5 investment whereas the investor intends to file for conditional permanent residency through the EB-5 immigration investment program.
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 USD 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 policy-making 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.
The I-526 petition includes all the project-related documentation, and the source of funds report and is typically filed with the assistance of an immigration attorney.