Form I-526E, Immigrant Petition by Regional Center Investor, is an important document for foreign investors seeking to get a U.S. Green Card through the EB-5 Immigrant Investor Program. Filing this form correctly is essential to ensure a successful EB-5 process. However, mistakes can happen, leading to delays, requests for evidence (RFEs), or even denial of the petition.

In this article, we will discuss the importance of Form I-526E, common mistakes to avoid, and what to do if an I-526E is filed with errors.

What Is Form I-526E?

Form I-526E is the petition that EB-5 investors must file with the U.S. Citizenship and Immigration Services (USCIS) to demonstrate their eligibility for the EB-5 program. The form requires investors to prove they have invested the required amount of capital in a qualifying EB-5 project, and that the funds were obtained through lawful means. They also need to prove that the investment will create at least 10 full-time jobs for U.S. workers.

Form I-526E is specifically designed for investors who are investing through a USCIS-approved regional center. Regional centers are entities that have been designated by USCIS to manage EB-5 investment projects and facilitate job creation. By investing through a regional center, investors can take advantage of more flexible job creation requirements, as they can count direct, indirect, and induced jobs created by the project.

The Importance of Getting Form I-526E Right

A properly filed Form I-526E is the foundation of a successful EB-5 application. USCIS will carefully review the form and supporting evidence to determine if the investor meets all program requirements.

If the form is incomplete, inaccurate, or lacks sufficient evidence, USCIS may issue an RFE or deny the petition. This can lead to significant delays in the EB-5 process or even result in the investor losing their opportunity to get a U.S. Green Card through the program.

Form I-526E sets the stage for the rest of the EB-5 process. If the petition is approved, the investor can proceed to the next steps, such as applying for conditional permanent residency and eventually removing the conditions on their Green Card to become a permanent resident. Investors who are based in the U.S. in valid nonimmigrant status can skip through a significant amount of wait time by filing their I-526E, I-485 (to adjust status), work and travel permits concurrently.

Common Mistakes When Filing Form I-526E

Incomplete or Inaccurate Information

One of the most common mistakes investors make when filing Form I-526E is providing incomplete or inaccurate information. This can include failing to answer all required questions, providing inconsistent information throughout the petition, or making typing errors. To avoid these mistakes, investors should carefully review the form instructions and double-check all information before submitting the petition.

Insufficient Supporting Evidence

Another common issue with Form I-526E is insufficient supporting evidence. Investors must provide documentation to prove the lawful source of their investment funds, the transfer of funds to the EB-5 project, and the creation of the required number of jobs. Failure to provide enough evidence can lead to RFEs or denial of the petition. Investors should work closely with their EB-5 lawyers and project sponsors to ensure they have all necessary supporting documents.

Failure to Meet EB-5 Program Requirements

Some investors may file Form I-526E without fully understanding or meeting the EB-5 program requirements. For example, they may invest in a project that does not qualify, fail to invest the required minimum amount, or invest funds that were not obtained through lawful ways.

Incorrect Filing Fees

Filing Form I-526E with incorrect fees can result in the rejection of the petition. As of August 2024, the filing fee for Form I-526E is $12,160, including the $1,000 EB-5 Integrity Fund fee. Investors should ensure they submit the correct fees in the form of a check or money order payable to the “U.S. Department of Homeland Security.”

How to Avoid Mistakes on Form I-526E

• Before completing Form I-526E, investors should carefully read the instructions provided by USCIS. The instructions detail the information and evidence required for each section of the form and provide guidance on how to properly complete the petition.
• Investors should work with their EB-5 attorney and project sponsors to gather all required supporting documents before filing Form I-526E.
• Before submitting Form I-526E, investors should review the petition multiple times to ensure all information is accurate, consistent, and complete.
• Working with an experienced EB-5 attorney is crucial to avoiding mistakes on Form I-526E. An attorney familiar with the EB-5 program can provide guidance on completing the petition, gather necessary supporting evidence, and review the form for accuracy before submission.

What to Do When an I-526E is Filed With Errors

If an investor discovers that their Form I-526E was filed with errors, they should consult with their EB-5 attorney immediately. Depending on the nature and severity of the error, the attorney may recommend one of the below actions.

• Filing an amendment to the petition: If the error is minor and does not materially affect the investor’s eligibility, the attorney may file an amendment to correct the mistake.
• Withdrawing the petition and refiling: If the error is significant or cannot be easily corrected, the attorney may recommend withdrawing the petition and refiling with the correct information and evidence.
• Responding to an RFE: If USCIS issues an RFE due to the error, the investor and their attorney will have an opportunity to provide additional information or evidence to address the issue.

It is essential for investors to act quickly and work closely with their attorneys to address any errors in their Form I-526E. Failure to do so could result in the denial of the petition and jeopardize the investor’s ability to obtain a U.S. Green Card through the EB-5 program.

EB5AN Can Help You Through the EB-5 Process

Regional centers play an important role in the EB-5 process for investors who choose this route.

When investing through a regional center, investors can benefit from several advantages such as more flexible job creation requirements and assistance with the immigration process. Importantly, a regional center should offer guidance and transparency at every stage of an investor’s EB-5 visa journey.

EB5AN has several low-risk EB-5 projects with high rates of success and Green Card issuance. These are some of the safest EB-5 options, with benefits like job creation guarantees, fast I-526E processing, and fully funded structures that don’t rely only on EB-5 capital. Schedule a free consultation with EB5AN to learn more.