- What is the EB-5 Immigrant Investor Program?
- What are the benefits of the Green Card?
- Who is eligible to receive permanent residency (Green Card)?
- Are EB-5 visas available to persons from any country in the world?
- Where can I find copies of relevant forms, laws, and regulations to study?
- What is the difference between a “conditional” and a “permanent” Green Card?
- What issue typically causes the most problems when applying for an EB-5 visa?
- How long must I remain in the United States each year?
- What is the difference between permanent residency and citizenship?
- What’s the best way to lower risk in an EB-5 Investment?
- What is a New Commercial Enterprise (NCE)?
- What is a Job Creating Entity (JCE)?
- What is visa retrogression?
- What are “Reserved EB-5 Visas” or “Set-Asides”?
- What are “Unreserved” EB-5 Visas?
- What is the Sustainment Period?
- What are the steps for processing an EB-5 visa application?
- If my I-526E petition is approved by the USCIS, what is the purpose of the Consulate application and interview, and how soon do I get my Green Card?
- After petition approval, can members of the family interview in different countries?
- What is an “escrow” account and when does the investor transfer the money into this account?
- How does the bank escrow account protect me against the risk of losing my money?
- What is Concurrent Filing for I-485 Adjustment of Status and how does it benefit EB-5 Investors?
- Who is eligible for Concurrent Filing?
- Do investors need to be actively involved in the day-to-day activities of Regional Center Projects?
- What are the advantages of investing in a rural project in a Micropolitan Area?
- May I invest less capital in a Targeted Employment Area (TEA) Project?
- Do I have to live where the project is?
- Can I make money with my EB-5 Investment?
- How is the EB-5 loan model different than the equity model?
- What is the minimum required amount of capital to be invested in order to apply for an EB-5 visa?
- Must I have previous business experience or education?
- Must I speak English?
- What is meant by the requirement that the investor’s assets be “lawfully gained”?
- If I want to move to the United States and invest in an EB-5 project with Houston EB5 Regional Center, do I have to live in Texas?
- Can an EB-5 investor from a retrogressed country apply for Concurrent Filing?
- What is a Regional Center and what advantages do they offer to EB-5 investors?
- Who should invest in an EB-5 Regional Center project?
- What are Indirect and Induced Jobs?
- Why is Job Creation safer with a Regional Center Project?
- Do I get faster Processing of my I-526E Immigrant Petition if I invest in a Regional Center project?
- What makes Houston EB5 unique?
What are the contents of an I-526E Petition?
Form I-526E, known as the “Immigrant Petition by Regional Center Investor,” is the first step in your EB-5 immigration process. This form was introduced as part of the changes in the EB-5 program following the EB-5 Reform and Integrity Act of 2022 (RIA).
The I-526E petition serves three fundamental purposes in the EB-5 Immigrant Investor Program: verifying that a qualifying investment has been made in a New Commercial Enterprise (NCE), establishing that the investment was sourced from lawful means, and demonstrating the NCE’s credible business plan and job creation potential. The preparation of this form usually requires an immigration attorney’s expertise.
To evidence the investment in an NCE, investors may provide various documents such as bank statements, loan certificates, and escrow account records. If the investment qualifies for a reduced amount due to being in a Targeted Employment Area (TEA), appropriate documentation for TEA designation must be included.
The lawful source of funds is a critical part of the petition, requiring comprehensive documentation to trace the origin of the capital. This may include salary payments, real estate sales, loan documents, or proof of gifted capital. The assistance of an immigration attorney is crucial to meet the high standards of USCIS for source-of-funds documentation.
The petition must also illustrate the potential for job creation, with a requirement to create at least 10 qualifying jobs within two years of the investor’s conditional residency.
The NCE’s business plan should detail the operational plan, financial projections, and management background. Direct investments necessitate the creation of full-time, W-2 positions, while regional center-sponsored NCEs can include indirect and induced jobs, though these can’t exceed 90% of total job creation.
The investor’s managerial role and the regional center’s information, including the I-956F form receipt number and administrative costs, are also integral to the petition. Additionally, investors need to provide personal background information, such as employment history and compliance with U.S. laws.
The filing fee for the I-526E petition, as of August 2022, is $3,675, and the decision from USCIS may result in approval, denial, or a request for additional evidence.
