Understanding the Role of the I-526E Petition in the EB-5 Visa Process

What is the I-526E Petition?

The I-526E petition, also known as the Immigrant Petition by Regional Center Investor, is the initial application for immigrant investors seeking permanent residency in the United States through the EB-5 visa process and filed with U.S. Citizenship and Immigration Services (USCIS).

This form allows investors to demonstrate their eligibility for the EB-5 program. Applicants use the I-526E petition to provide evidence of their qualifying investment and to show how it will create at least 10 full-time jobs for U.S. workers.

Once USCIS approves the I-526E petition, investors can proceed with the next steps in obtaining their conditional green card.

Eligibility Requirements for Filing I-526E

Before starting, you should double-check your eligibility for the EB-5 program. This will determine your eligibility for filing an I-526E.

• Approved Regional Center: When investing through a regional center, the investment must be affiliated with a USCIS-designated and approved regional center.
• Documentation and Compliance: Investors must provide a detailed business plan demonstrating project feasibility, an economic analysis report showing how the investment will create or preserve at least 10 full-time jobs, and signed subscription documents committing to the EB-5 investment.
• Investment Amount: Investors must commit substantial funds to qualify for the EB-5 program. As of 2024, the standard minimum investment is $1,050,000. However, investments in EB-5 projects located in Target Employment Areas (TEAs), such as Behring Co.’s RISE Fund, require a reduced amount of $800,000.
• Investment in a New Commercial Enterprise: Investors must place their capital in a new commercial enterprise (NCE) established after November 29, 1990. In some cases, investors can invest in businesses established before this date if they significantly restructure or expand the business.
• Source of Funds: Investors must provide evidence that their investment capital comes from lawful sources. This requires a source of funds report to be prepared by the investor’s immigration attorney, typically including tax returns, business records, investment portfolios, and gift documentation.

Documents and Information Required for I-526E

If you fulfill all the eligibility requirements, you’re ready to begin the I-526E application process. To submit your application, you will need to provide the following documents to your immigration attorney:

• Passport: A valid, unexpired passport for the principal applicant and all dependent family members
• Birth Certificate: Official birth certificates for the principal applicant and all dependents
• Marriage Certificate: If applicable, an official marriage certificate
• Police Clearance Certificate: From all countries where you have resided for six months or more in the past five years
• Source of Funds Documentation: Detailed explanation and supporting evidence for the origin of the investment capital
• Wire Transfer Receipts: Proof of capital transfer to the NCE
• Subscription Agreement: Signed agreement committing to the EB-5 investment
• Business Plan: Comprehensive plan detailing the NCE’s structure, operations, and financial projections
• Economic Analysis: Report demonstrating the job creation projections for the EB-5 project
• Regional Center Approval Letter: USCIS approval documentation for the sponsoring regional center
• Personal Statement: A detailed narrative explaining your background, source of funds, and investment intentions

Tips for Filing A Successful I-526E

Here are a few critical tips to help maximize your chances of getting approved for a successful I-526E petition:

• Organize Documents: Work with an immigration attorney to create a detailed index and arrange all documents chronologically. This organization helps USCIS officers review your petition quickly and efficiently. Ensure all documents are high-quality, legible scans, and remember to submit certified translations alongside non-English documents if applicable.
• Provide Comprehensive Source of Funds Evidence: Insufficient evidence that the funds were lawfully obtained is one of the most common reasons for I-526E denials. Create a clear funds flow chart tracing your investment capital from its origin to the NCE.
• Address Potential Issues Proactively: Explain any unique circumstances or potential weaknesses in your documentation before USCIS raises them. Always be upfront about any possible shortcomings and address them with clear explanations.
• Respond to USCIS Requests Immediately: If USCIS issues a Request for Evidence (RFE), you must respond as quickly and comprehensively as possible.
• Seek Experienced Professional Help: Hire an experienced immigration attorney specialized in EB-5 to help you file your I-526E petition. Contact Behring for a list of recommended attorneys to consider engaging with for your I-526E filing.

The I-526E Petition Process: Step by Step

The first step to pursuing residency through the EB-5 program is to file an I-526E. This is what the process is like, step by step:

1. Preparation: Work with your immigration attorney to gather all required documents and information. Depending on the complexity of your financial history and investment structure, this process can take anywhere between 4 – 12 weeks.
2. Investment Selection: Choose an EB-5 project and invest the required capital.
3. Document Compilation: Your immigration attorney will compile and organize your documents according to USCIS guidelines.
4. Form Completion: Your immigration attorney will complete the Form I-526E based on the provided information and documentation
5. Submission: Your attorney will submit the I-526E petition with USCIS, including all supporting documents and requisite filing fees.
6. Receipt Notice: USCIS will issue a receipt notice within 2–4 weeks of submission.
7. Processing: USCIS will review your petition, processing times vary.
8. RFE Response (if applicable): If USCIS issues an RFE, you must respond within the specified timeframe.
9. Decision: USCIS will approve, deny, or request additional evidence for your petition.

Timeline expectations can vary significantly based on the USCIS workload and the complexity of your case. Consult with your immigration attorney for a professional opinion on processing time expectations.

Role of the Regional Center in the I-526E Process

Choosing the right regional center can make a difference in your I-526E petition process. Here is what a regional center can do for your application:

• Project Development: Regional centers identify, underwrite, and in some cases develop EB-5-compliant projects, ensuring they meet job creation requirements and investment thresholds.
• Documentation Support: Regional centers provide essential project-related documents for the I-526E petition, including comprehensive business plans, economic impact report, and investment subscription documents.
• Job Creation Methodology: Regional centers can use USCIS-approved economic models to demonstrate direct, indirect, and induced job creation, making it easier to meet the 10-job requirement.
• Compliance and Reporting: Regional centers ensure ongoing compliance with EB-5 program regulations by monitoring the project’s progress and providing necessary reports to USCIS, which helps in maintaining the integrity and success of the investment.

Common Challenges and How to Overcome Them

Some of the most common difficulties faced by I-526E applicants are:

• Source of Funds Complexity: Documenting the lawful source of investment funds, especially for complex financial histories, can be challenging. Create a straightforward, chronological narrative of fund accumulation supported by comprehensive evidence.
• Changing EB-5 Regulations: Keeping up with evolving EB-5 program requirements can be time-consuming. Work with a team of experts, like those at Behring Co., to ensure you stay current on any EB-5 policy changes.
• Processing Delays: Unpredictable USCIS processing times could delay your I-526E application. To prevent any unnecessary hiccups, file a complete and well-organized petition with the help of an experienced EB-5 immigration attorney.

What Happens After the I-526E is Approved?

Once your I-526E is approved, you will work with your attorney to apply for an immigrant visa through your local U.S. consulate or embassy or file an adjustment of status if you are already in the U.S. Upon approval, you will receive a conditional green card, valid for an initial 2-year term.

The I-526E petition is arguably the most important and is the first step in an EB-5 journey. Working with an experienced regional center and a specialized EB-5 immigration attorney can help you submit a successful I-526E form and maximize your chances of reaching your immigration and financial goals.

Contact us today to discuss how you can get started on your EB-5 process and for a list of recommended EB-5 immigration attorneys.