What is an I-526 Petition?

The I-526 Petition, formally known as the "Immigrant Petition by Alien Entrepreneur," is a form that foreign investors must file with the U.S. Citizenship and Immigration Services (USCIS) in order to qualify for EB-5 visa immigration status. Through this document, investors must provide detailed evidence of their investment's legitimacy, including proof that the required capital amount has been lawfully sourced and is actively at risk in the business venture. 

Key Takeaways

• The I-526 Petition, formally known as the "Immigrant Petition by Alien Entrepreneur," is a crucial first step in the EB-5 immigration investment process that foreign investors must file with U.S. Citizenship and Immigration Services (USCIS). 
• The current investment minimum is $1,050,000 or $800,000 if the investment is in a Targeted Employment Area (TEA).
• As of 2024, the filing fee for Form I-526 is $11,160.
• According to Boundless Immigration, the processing time for Form I-526 is about 53 months.

Elements of I-526 Petition

At its core, the petition must demonstrate that the investor has either made or is actively in the process of making a qualifying investment in a new commercial enterprise that will benefit the U.S. economy. We will take a closer look at the main components of the form below:

• Source of Funds: The source of funds documentation is a fundamental element that requires comprehensive evidence tracing the path of investment capital from its origin to the new commercial enterprise. This includes detailed documentation of how the investor obtained the funds, whether through employment income, business ownership, inheritance, sale of assets, or other legitimate sources. 
• Investment Evidence: The investment evidence forms another crucial component, demonstrating that the required capital has been fully committed and placed at risk. This includes proof of fund transfer, enterprise bank statements, and documentation showing how the capital is being utilized in the business venture. 
• Job Creation: Your application must include evidence proving that your investment has created or will create at least ten full-time jobs for qualifying employees. These positions must be full-time, requiring at least 35 hours per week, and must be filled by authorized U.S. workers, including citizens, permanent residents, and other individuals authorized to work in the United States.
• Identification: The form must include a photocopy of your government-issued identification such as your passport. 

The form should be filed by mail. Be sure to check the USCIS to find out the correct address for your petition. 

Bottom Line

It should be noted that immigration attorneys typically file I-526 Petitions on behalf of their clients. If you are looking for an exceptional immigration attorney with great attention to detail, look no further than Attorney At Law. Our expertise guides international investors through the complexities of U.S. business investments and permanent residency.