Obtaining permanent residence in the U.S. is a dream for many foreign nationals. A popular way to do this is through the EB-5 Immigrant Investor Program.

Before you start this process, you’ll need to file a number of documents to prove your eligibility. One of the most important documents is the I-526 petition which kickstarts your journey toward getting your green card.

In this article, we’ll take a closer look at what exactly the I-526 immigrant petition entails, the requirements that you must meet, and what you can expect once you’ve filed your application.

What Is the I-526 Petition?

Form I-526—also known as Immigration Petition by Alien Entrepreneur—is a formal request used by foreign nationals in the EB-5 investor program. When filing this form, applicants take their first step toward obtaining permanent residency in the United States by investing in a new business.

To start the journey toward getting your green card, you’ll need to file this form with U.S. Citizenship and Immigration Services (USCIS). Your application should demonstrate that you meet the EB-5 Program requirements, which we will discuss in more detail in the next section.

The petition and all other supporting documents will be reviewed by USCIS, and they will evaluate your eligibility. It can take a while for a decision to be made, so it’s important to be patient.

Once an investor’s I-526 petition has been approved, they and their eligible family members gain temporary resident status within the United States. This status allows them to move forward with other processes that will help them obtain permanent residency.

(Most EB-5 investors file Form I-526E, which is used by investors in regional center-sponsored EB-5 projects.)

Should you use an attorney when filing your I-526 petition?

Although you can file this petition by yourself, it’s often recommended that you use professional services to help you. Many of these immigration forms can be difficult to understand, which makes it easy to make a mistake that can lead to USCIS rejecting your application.

Using an immigration attorney can help you avoid this. They are experienced professionals who can assist you in filing a successful petition without having to navigate the process alone.

They also have intricate knowledge of immigration law, which allows them to help you avoid any common obstacles—such as not including the right type of photographs or supporting documentation.

At EB5AN, we want to give you the best chance of securing your future in the U.S., which is why our team of experts is here to help. Visit our website for more information on the services we offer.

What Are the I-526 Petition Requirements?

To file a successful I-526 petition, it’s important to ensure that you meet all the necessary requirements. If you don’t, your petition might be declined, and you will have to find an alternative way to obtain your green card.

You will be evaluated based on the following criteria:

1. Capital was invested in a new commercial enterprise (NCE): The investment must be made in an NCE, which can take various forms. This can include creating a new enterprise, expanding an existing business, or investing in a troubled company.

2. Required capital investment: Investors must typically invest either $1.8 million in an NCE or $800,000 in a targeted employment area (TEA). TEAs are areas with high unemployment rates or rural regions.

To meet USCIS requirements, the minimum investment amount must also be considered “at risk” and irrevocably committed to the NCE.

3. Lawful source of investment funds: Investors must provide clear and documented evidence that demonstrates that their investment capital comes from lawful sources. This evidence includes bank statements, tax records, business documents, and other financial records.

If the investor earned money in the United States without the proper employment status, those funds cannot be invested since they are not considered lawfully obtained.

4. Job creation: The investment must lead to the creation of at least 10 full-time jobs for qualifying U.S. workers within two years. These jobs must be directly or indirectly created by the enterprise.

For those who make direct investments, these 10 positions must be created by the NCE itself. The jobs must also be permanent, full-time positions (at least 35 hours per week) and be filled by W-2 employees.

Positions filled by nonimmigrant aliens or the investor and his or her family can’t be counted toward the minimum job creation requirement. To demonstrate that your investment is a job-creating entity, the I-526 must clearly describe the NCE’s hiring plan, which should indicate the positions that will be created and when they will be filled.

Indirect jobs are those created through the revenues of the NCE. Any indirect jobs counted toward an investor’s minimum job creation requirement must be demonstrated in the investor’s I-526 petition through an economic report.

5. Involvement in the business: Investors can either have active or passive involvement in managing the enterprise.

Direct investments often require active management and direct participation in the business’s day-to-day operations. This also means that investors must act as members of the entity’s board of directors, maintain voting control, or otherwise demonstrate day-to-day involvement with the business.

NCEs sponsored by a regional center are structured as limited partnerships. In such cases, an EB-5 investor is a limited partner. Within the Uniform Limited Partnership Act framework, they must be sufficiently engaged in the management of the NCE to satisfy the requirements of USCIS. The same applies to a limited liability company.

What Happens Next?

Once you have submitted your I-526 petition, it is up to USCIS and Homeland Security to evaluate it and make a decision. This can take a while, so remember to be patient.

USCIS typically approves your I-526 petition if it clearly demonstrates that the necessary requirements have been met. Once approved, the investor and their family can apply for their EB-5 Visas.

EB-5 Visas grant a foreign national conditional lawful permanent resident status for two years. When these two years come to an end, the investor must file Form I-829—also known as Petition by Entrepreneur to Remove Conditions.

This petition must clearly demonstrate that the applicant’s investment in the NCE was sustained for the two-year conditional period and that the necessary jobs were created. If your I-829 petition is approved, you will be eligible for United States citizenship.

Secure Your Future in the U.S. with EB5AN

Immigration petitions can be tricky to understand, but they are essential to secure your green card and build your future in the United States.

Let EB5AN make this journey easier for you with our expert immigration lawyers, who can assist you every step of the way. We can help you understand which forms you need to file, help you gather the necessary documents, and even recommend suitable investments.

Don’t delay your future; contact us today by visiting our website or emailing us. Navigate the path to U.S. permanent residency with confidence with EB5AN by your side.