I-526 Petition Guide

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If you’re interested in the EB-5 program then you’ve probably heard of the I-526 petition. An investor is required to submit an I-526 petition to USCIS if they wish to receive an EB-5 visa. Read our quick guide and learn how to get your petition filed with as little hassle as possible.

I-526 Requirements

In addition to the I-526 form itself, as part of the I-526 application, a potential EB-5 investor will need to submit a memorandum with supporting documents evidencing his or her compliance with the EB-5 requirements.

Your I-526 petition must demonstrate that you have made or are in the process of making the required investment of $1,800,000 (or $900,000 if you invest in a “Targeted Employment Area”). It is very important that investors provide proof that the funds of their investment have been legally sourced, lest their petition be denied. Although your investment can be sourced from a gift, it is essential that you provide proper documentation that your funds have been acquired legally.

Additionally, investors will need to provide evidence that their investment will create 10 full time jobs in the United States.

Don’t let the intimidating language of USCIS guidelines dissuade you from the EB-5 program, the most difficult part of your I-526 petition will be making sure you have all the necessary paperwork and documentation in order. Generally, it is recommended that immigrant investors retain an immigration attorney to complete their I-526 petition, as organizing the aforementioned required paperwork is an undertaking best handled by an experienced professional.

What Do I Need to Submit WIth My I-526 Petiton?

After selecting an EB-5 project to invest in, you’ll want to gather all the necessary information and documents you’ll be submitting with your I-526 petition. Here’s what to expect on the I-526 form:

Prepare to answer the I-526’s questions on your personal history. This includes providing your physical addresses and employment information for the last five years, as well as more basic information such as your age, current citizenship and place of birth. You’ll also need to provide information about your spouse, and any unmarried children under the age of 21 years who will be dependents on your application.
You’ll need to show that you are or will be investing in an eligible EB-5 project. This includes information about the project itself, such as its address and if it qualifies as a Targeted Employment Area. If you are working with a regional center for your investment you will need to provide the regional centers information.
The I-526 requires that you gather evidence that you can make the required minimum investment amount. Investors will need to disclose information about their income and net worth, as well as the source of their investment.
Prepare evidence that your investment has been lawfully sourced. This could include:
- Bank statements
- Tax returns
- Employment records
- Loan documents
- Investment records
- Property records
- Gift records
- Business accounting records
Gather documents demonstrating your managerial or policy-making role in the project as well as evidence that the investment will create 10 fulltime U.S. jobs. The documents you need will depend on whether or not you’ve invested through a regional center.
Have all the documents translated by a certified interpreter. You’ll need to include the name and contact information of the interpreter you used as well as a signature from them certifying their translations.
Lastly, find an experienced EB-5 immigration attorney to ultimately prepare and file your I-526 Petition.