Once investors have selected a project and made the necessary investments, they must complete the Form I-526, “Immigration Application for Foreign Entrepreneurs,” and submit it to the US Citizenship and Immigration Services.
Form I-526 along with all supporting documents, they are sent to the USCIS. The United States Citizenship and Immigration Services will evaluate the application and determine if the applicant is eligible for an EB-5 visa. Below we give you a more detailed explanation of the subject.
What is Form I-526 like?
The Form I-526 it is officially called the “Immigration Petition for Immigrant Entrepreneurs” and indicates that the visa applicant is investing or has invested in the amount of capital required for the appropriate EB-5 project. You can download it on the website of USCIS.
The Form I-526 it is usually prepared by an immigration attorney on behalf of the applicant. Once the proper steps are taken to invest in a suitable project, the applicant is eligible to submit this form.
These projects must be part of the new business. However, the project can also be managed by a regional center, which has the project management authority designated by the government.
Applicants must provide evidence that they have made a legal capital investment of $ 500,000 or $ 1 million in the new business enterprise. The exact amount required depends on whether the investment is made in an economically depressed area (that is, an area where work is required).
Important
A key aspect of Form I-526 is that applicants must demonstrate that their investment funds come entirely from legitimate sources or funds. Therefore, applicants must present traceable evidence to prove that their funds were legally obtained.
Applicants must also show evidence that their investment will create works full-time (equal to or greater than 35 hours per week) for at least 10 U.S. citizens, permanent residents, or other authorized migrant workers.
It must also be provided evidence that the investor will play a legislative or administrative role in the EB-5 project. The right of investors to vote as a limited partnership or limited liability partnership in the regional center EB-5 project may meet this requirement.
Requirements
There are many types of evidence, which can be used to prove that the applicant has met the requirements of the Form I-526.
- Requirement 1: An eligible EB-5 project will receive the investment.
Evidence: articles of association, certificates of merger or consolidation; joint venture or Limited Partnership agreements; national business license. - Requirement 2: the appropriate amount of investment has been allocated to the project.
Evidence: Bank statements; warranty agreements; promissory notes, outstanding notes, promissory notes; loan and mortgage vouchers; other evidence that can fully explain the investment amount. - Requirement 3: the invested capital was obtained through legal means.
Evidence: tax returns for the last five years; proof of payment of funds from the employer’s income; Bank statements; assurance statement that funds come from commercial / bond / stock advertisements. - Requirement 4: The investment will create 10 full-time American jobs for legal immigrants, permanent residents and US citizens.
Testing: a business plan. - Requirement 5: Investors will participate in the daily management of the EB-5 project, or will have proof of legal personality: company documents, mission statement and instructions.
Evidence: company documents, mission statement and instructions.
Completion of Form I-526
- Transcribe or print legibly with black ink.
- If you need additional space to complete any element of this petition, use the space provided in Part 11. Additional Information or attach a separate sheet of paper; write or print your name and alien registration number (A number), if applicable, at the top of each sheet; Indicate the page number, the part number and the article number to which it responds refers, sign and date each sheet.
- Answer all questions completely and accurately. If a question does not apply to you, for example, if you have never been married and the question is «Please provide the name of your current spouse», type or print «N / A» unless directed . If your answer to a question that requires a numerical answer is zero or none, for example, «How many children do you have?» Or «How many times have you left the United States?, Type or print» None. » , unless directed otherwise. More information at page.
Parts of the Form I-526
The Form I-526 It is made up of 11 parts, as they are:
- Personal information.
- Information about your investment.
- Information about the new business enterprise (NCE).
- Information about the job creation entity (JCE) (if different from the NCE).
- Job creation information.
- Information process.
- Information on the petitioner’s spouse and children.
- Declaration, contact information, declaration, certification and signature of the petitioner or authorized person.
- Information for the contact, validation and signature of the interpreter.
- Contact information, statement and signature of the person preparing this petition, if not the applicant.
- Additional Information.
If you knowingly and deliberately falsify or conceal a material fact or send a false document with your Form I-526, deny your Form I-526, and you can deny any other immigration benefits. Additionally, you will face severe penalties provided by law and may be subject to criminal prosecution.
Form I-526 Utility
The Form I-526 Its utility is to serve as an application resource for the investor who intends to apply for conditional permanent residence, through the EB-5 immigration investment program. This application contains all the information necessary for USCIS to validate, analyze and process it, in order to approve or deny the visa processed.
Where is it presented?
You can present your Form I-526 already completed, at the USCIS Lockbox in Dallas. Please read the instructions before submitting the form.
- By mail (USPS):
USCIS
PO Box 660168
Dallas, TX 75266 - To be delivered by FedEx, UPS and DHL you must use the following address:
USCIS
Attn: I-526
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067.
Electronic Notification: If you want to receive an email and / or text message when they have accepted your Form I-526 In a secure USCIS Lockbox, complete Form G-1145, Electronic Notification of Petition / Application Acceptance and attach to the first page of your application.
Form I-526 fee
I-526 petitions are generally completed by immigration attorneys. They are governed by the USCIS service center in the city of California. The fee to file Form I-526 is $ 3,750. USCIS may request more evidence as the case may be. Investors are frequently notified as to whether the application has been approved by USCIS after a period of 10 to 15 months and possibly longer.
USCIS processing times vary. Applicants for an EB-5 Visa can apply for United States Residential Status after the I-526 petition is complete.
What is it?
The Form I-526 is named officially «Immigration Petition for Immigrant Entrepreneurs» and indicates that the visa applicant is investing or has invested in the amount of capital required for the appropriate EB-5 project. The I-526 petition is usually prepared by an immigration attorney on behalf of the EB-5 applicant.
Once the proper steps are taken to invest in a suitable EB-5 project, the applicant is eligible to file an I-526 petition. These projects must be part of the new business. However, the project may also be managed by an EB-5 regional center, which has the government-designated EB-5 project management authority.
You must take into account to submit the Form:
- Carefully read the instructions for Form I-526.
- Complete and sign your Form I-526.
- Pay the filing fee, if applicable.
- Provide all the required evidence and proof documents.
What Happens After You Submit Your Form?
Once you deliver your Form I-526, you will receive a:
- Notification of receipt confirming that we have received the request.
- Biometric services report, if applicable.
- Notice to appear for an interview, if applicable.
- Decision participation.
The average processing time for the Form I-526 varies, but is currently around 18-22 months.
Fees associated with the I-526 petition
Costs can be anywhere from $ 20000-80000, to complete the Form I-526. Rates may include:
- USCIS fees.
- Immigration attorney fees.
- Fund report fee source.
- Regional center administration fees.
- Bank fees.
- Trust account charges (depending on the project).
Time to Prepare an Investor Petition I-526
Investors typically take about 2 months to complete the entire process for the Form I-526, and most of the time it depends on whether all the documents reported by the investor on the source of the funds are complete, easy to obtain and translate.
The documents of the Form I-526 they are usually prepared in advance, before any investor is involved in the project, and the entire package is assembled in the form of a template for investors to display. More information in page.