- What are the protections and guarantees in the Berkeley Regional Center EB-5 projects?
- Can I travel outside the U.S. after I receive my permanent residency?
- How many family members can immigrate through EB-5 investment?
- Is approval of my application for U.S. Citizenship after 5 years guaranteed?
- Is EB-5 a passive investment?
- How Long Should an EB-5 Investor Remain in the United States Each Year?
- If an investor has EB-5 visa and conditional green card, does he/she need to stay in the US for a minimum number of days in the first 2 years in order to gain a permanent green card? How about his/her dependents?
- What is a reentry permit?
- Can Adopted Children immigrate with me on EB-5?
- Accredited Investor
- For EB-5, What is Considered a Commercial Enterprise?
- Are there any nationality restrictions for EB-5 applicants?
- USCIS requires EB-5 investments to be “At-Risk”, so how do your projects have guarantees?
- What are the Investment Requirements for EB-5?
- Can an Investor Apply if They Have Been Rejected or Terminated in the Past by USCIS for a Previous Visa?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the I-526 Petition?
- There is a background check required for EB-5 investment, what information is USCIS concerned with?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- What is an EB-5 I-526 Petition?
- What is an I-829 Petition?
- What is a I-485 Petition
- What are the various forms and petitions for EB-5 investments?
- Targeted Employment Area
Source of Funds
- Can a Loan Be Used to Supplement My EB-5 Capital Investment?
- Can I use a Bank Loan?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift as My Source of Funds?
- Who can gift me funds for my $500,000 investment?
- Can I Use 401(k) funds for EB-5 Investment?
- What is the Source of Funds report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
- Partial Payments
- Job Creation
- Regional Center
- EB-2 / EB-3
What is an EB-5 I-526 Petition?
I-526 Petition Summary
- Proves eligibility for EB-5 program
- Must be filed in order to obtain EB-5 visa
- Filed by immigration attorney
- $1,500 filing fee
- Link to the form on the USCIS website
Download the Form: USCIS Website: I-526 Form Definition of I-526 Petition The I-526 Immigrant Petition by Alien Entrepreneur is filed by the EB–5 investor to demonstrate that they are in the process of investing, or have already invested the required amount of capital in a suitable EB–5 project. I-526 petitions are usually prepared on behalf of EB–5 applicants by an immigration attorney. Applicants are eligible to file the I-526 petition after they have taken the appropriate measures to invest in an acceptable EB-5 project. These projects must be part of a new commercial enterprise and can either be directly invested in by the immigrant investor, or can be administered by an EB-5 Regional Center, which has government designation to administer EB-5 projects. The applicants must provide evidence that they have made a $500,000 to $1 million U.S. dollar investment of lawful capital in the new commercial enterprise. The specific required investment amount depends on whether or not the investment is made in an economically depressed location called a targeted employment area (TEA). A key purpose of the I-526 petition is for the applicants to prove that their capital investment comes from a lawful source of funds. Therefore, the EB-5 applicant must provide traceable evidence that proves that the funds were legally obtained. The applicants must also present evidence that their investment will lead to the creation of fulltime jobs (35 hours per week or more) for at least 10 U.S. citizens, permanent residents, or other authorized immigrant workers. Evidence that proves that the EB-5 investor will be in a policymaking or managerial role at the EB-5 project must also be provided. This requirement can be satisfied by demonstrating that an investor has voting rights in an EB-5 Regional Center project that is in the form of a limited partnership or limited liability company.
Many forms of evidence may be used to prove that all of I-526 petition requirements have been met by the applicant:
- Requirement: an EB-5 eligible project has received/will receive the investment
- Evidence: articles of incorporation, merger or consolidation certificates, joint venture or limited partnership agreements, state business certificates
- Requirement: the appropriate investment amount has been made in the project
- Evidence: bank statements, security agreements, promissory notes, loan or mortgage certificates, other evidence that sufficiently illustrates the investment amount
- Requirement: the capital investment was obtained through lawful means (legal source of funds)
- Evidence: five years of tax returns, pay stubs of the funds coming from earnings from an employer, bank account statements, securities statements (if the funds came from trading/bonds/stocks)
- Requirement: the investment will create 10 fulltime U.S. jobs
- Evidence: a business plan
- Requirement: the investor will be involved with day-to-day management or will have a policy-making position within the EB-5 project
- Evidence: corporate documents, statement and description of duties
Who files the I-526
I-526 petitions are usually completed by immigration attorneys. They are submitted to the USCIS California Service Center. The filing fee for the I-526 petition is $3,750. USCIS will occasionally request more evidence as needed. Investors are usually notified as to whether or not the petition has been approved by USCIS after a period of 10 to 15 months and potentially longer. USCIS processing times vary. EB-5 visa applicants can apply for U.S. residential status once the I-526 petition is complete. They do so by filing the form I-485 adjustment of status if they are already in the United States as a nonimmigrant, or by filing the DS-230 application if they are abroad. Learn about the EB-5 Process here: EB-5 Process Explanation