Filing Form I-526, Immigration Petition for Alien Entrepreneur, is the first big step on the pathway to obtaining a green card.

Here’s a breakdown of the EB-5 Form I-526 requirements.

1. Proof of investment made into a new commercial enterprise.

An EB-5 investor can invest in a new commercial enterprise (NCE), which is a publicly or privately owned business that was established after November 29th, 1990, or an existing business created before that date as long it results in substantial change. These businesses can be limited partnerships, sole proprietorships, joint ventures, corporations, holding companies, or any other commercial enterprise as long as it’s engaged in lawful business practices.

2. Proof that the required capital was invested into the at-risk new commercial enterprise.

In addition to providing proof that that the funds were invested into the at-risk new commercial enterprise (NCE), if the NCE was located in a targeted employment area (TEA), the investor will need to show proof of that in order to qualify for the lower minimum investment amount of $500,000.

3. Proof that the capital invested came from lawful sources.

Depending on where the capital came from, the EB-5 investor will need to provide proof that the funds came from lawful sources. If the funds came from income, the investor will need to provide tax returns and earning statements. If the funds came from a gift, the investor will need to provide proof of where the funds came from from the gift giver. Likewise, other sources of funds will need to be traced back to where they came from to show that they were not attained through criminal or fraudulent methods.

4. Proof of participation in the day-to-day management if the investor chooses a direct investment and proof of policy-making position if the investor chose a regional center investment.

Regional Center Program investors do not need to provide proof of day-to-day management of their projects and can instead work on policy formation as a Board member or other similarly limited role.

5. Proof that 10 full time jobs were created for qualified U.S. workers.

Direct Program investors must show proof that 10 direct jobs were created. Regional center program investors can count indirect and induced job creation as well as direct job creation toward the 10 jobs they need to be credited with creating, thus making the requirements easier to fulfill.

All of the proof will need to be translated into English and filed by an EB-5 immigration attorney.

For more information about the Form I-526 requirements, send us a message.