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Form I-526

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Form I-526

Form I-526 – Step-by-Step Guide to the EB-5 Petition Process

The Official Start to Your EB-5 Journey: An Introduction to Form I-526The Form I-526, Immigrant Petition by Alien Entrepreneur, is the official starting point of your EB-5 journey. This petition is your formal application to USCIS, where you must demonstrate that you meet all the core requirements of the EB-5 program. A successful I-526 petition is the key that unlocks the door to conditional permanent residency in the United States. This page provides a step-by-step guide to the I-526 process, from gathering the necessary documentation to understanding the adjudication process. For a broader overview of the entire EB-5 program, please visit our Main EB-5 Hub Page.

Step 1: Making a Qualifying InvestmentBefore you can file Form I-526, you must first make a qualifying investment. This involves investing the required EB-5 Investment Amount ($1,050,000 or $800,000 for a TEA) into a new commercial enterprise in the United States. The investment must be fully committed and “at risk.” This is a foundational step that must be completed and documented before your petition can be submitted.

Step 2: Documenting Your Lawful Source of FundsThis is one of the most scrutinized aspects of the I-526 petition. You must provide a comprehensive and credible trail of documents that proves your investment capital was obtained through lawful means. This requires meticulous record-keeping and a clear narrative of how the funds were earned, saved, or received. For a detailed look at this requirement, please see our page on EB-5 Source of Funds & Regional Centers.

Step 3: Compiling the I-526 Petition PackageThe I-526 petition is not just a form; it is a comprehensive package of evidence. Key components include:

•       Form I-526: The official USCIS form, completed with all required biographical and investment information.•       Project Documentation: Evidence that you have invested in a qualifying new commercial enterprise. If investing through a Regional Center, this will include the project’s business plan, economic impact report, and other offering documents.•       Investment Documentation: Proof that you have invested the required amount of capital, such as bank statements, wire transfer records, and subscription agreements.•       Source of Funds Documentation: The extensive package of evidence tracing the path of your investment capital.

Step 4: Filing the Petition and Awaiting AdjudicationOnce the I-526 petition package is complete, it is filed with USCIS. You will receive a receipt notice, and your case will be placed in the queue for adjudication. Processing times for I-526 petitions can vary significantly. During this time, it is crucial to monitor your case and be prepared to respond to any Requests for Evidence (RFEs) that USCIS may issue.

Step 5: Responding to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs)It is not uncommon for USCIS to issue an RFE or a NOID if they have questions or concerns about your petition. An RFE is a request for additional information, while a NOID is a more serious notice indicating that USCIS intends to deny your case unless you can provide a compelling rebuttal. Responding to these notices requires a swift and strategic legal response. This is a critical stage where experienced legal counsel is invaluable.

Step 6: I-526 Approval and the Path to Conditional ResidencyUpon approval of your I-526 petition, you can proceed with the final step of obtaining your conditional Green Card. If you are outside the United States, you will go through consular processing at a U.S. embassy or consulate in your home country. If you are already in the U.S. on another valid visa, you may be able to adjust your status. Once this process is complete, you, your spouse, and your unmarried children under 21 will be granted conditional permanent residency for a period of two years. The next and final step will be the Form I-829 petition to remove those conditions.

The Importance of a Meticulously Prepared PetitionA well-prepared I-526 petition is the foundation of a successful EB-5 case. Any errors, inconsistencies, or gaps in your documentation can lead to lengthy delays, RFEs, or even a denial. This is not a process to be taken lightly. Working with an experienced EB-5 attorney is the best way to ensure that your petition is prepared to the highest standard, giving you the best possible chance of a smooth and successful adjudication.

Frequently Asked Questions

How long does it take to get an I-526 petition approved?Processing times vary widely depending on USCIS backlogs and the specifics of your case. You can check the latest estimated processing times on the USCIS website.

What is the most common reason for an I-526 denial?The most common reasons for denial are an inadequately documented source of funds and a failure to prove that the investment is truly “at risk.”

Can I file my I-526 petition myself?While it is legally possible to file on your own, it is strongly discouraged. The I-526 process is extremely complex, and the risk of making a costly error is high. The expertise of an experienced EB-5 attorney is essential.

What happens if my I-526 petition is denied?If your petition is denied, you may have the option to appeal the decision or file a new petition. An experienced attorney can help you assess your options and determine the best path forward.

Do I need to have the full investment amount in my bank account when I file?Yes, you must be able to show that the capital has been invested or is in the process of being invested at the time of filing. The funds must be irrevocably committed to the project.

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