HOME / EB-5 INFORMATION
Form I-526E
Petition
Best Practices
A strong Form I-526e packet does two things exceptionally well: (1) it proves the investor’s eligibility with primary, verifiable evidence; and (2) it harmonizes that investor evidence with the underlying regional center project file (Form I-956F). The following best-practice framework is designed to minimize RFEs, shorten review cycles, and keep the adjudicator focused on merits rather than avoidable gaps.
1. Start with a one-page roadmap the officer can follow
Open with a single-page summary that orients the reviewer:
- Investor snapshot: name variants, date of birth, A-number (if any), country of chargeability, current status if in the U.S.
- Investment overview: amount, date(s) of transfer, currency/FX path, account identifiers (masked), and exhibit references.
- Project cross-references: I-956F receipt/approval number, NCE/JCE legal names, and a short description of how jobs are generated.
- Checklist status: lawful source, complete path of funds, capital at risk, 10-job linkage, biographics/IDs, translations.
Keep this to one page and mirror the order of exhibits throughout the filing. If relevant, note the I-526e filing address used.
2. Prove Lawful Source Of Funds With Primary, Contemporaneous Records
USCIS gives greatest weight to records created in the ordinary course of business. Wherever possible, rely on:
- Bank statements (full monthly PDFs; avoid screenshots) covering the relevant period
- SWIFT/wire confirmations and inward credit advices with reference numbers
- Executed contracts/deeds/closing statements for asset sales or real estate
- Tax returns and payment proofs (wage, business, capital gains, gift/inheritance)
- Gift/loan instruments plus the donor/lender’s corroborating SOF
Affidavits help explain; they rarely substitute for missing primary evidence.
3. Build A Gap-Free Path Of Funds From Origin To NCE (and, if relevant, JCE)
Create a chain-of-custody table that lists every transfer leg—date, amount, sender/receiver, account identifiers, and the matching exhibit. Reconcile round numbers to fees, FX spreads, or interest. Avoid unexplained cash deposits or “consolidation sweeps” without statements. If third-party remitters are lawful and used, document their KYC/regulatory status and their payment receipts.
4. Align Investor Evidence With The Project’s I-956F File
Form I-526e is investor-focused, but the adjudicator will compare it to the project record. Confirm:
- I-956F status: receipt or approval on file; note any material changes since submission.
- Entity names: investor packet uses exactly the NCE/JCE names in the I-956F and offering documents.
- Use of proceeds: investor wires to the correct escrow/NCE account referenced in the offering.
- Job methodology linkage: the job report’s inputs plausibly tie to your funding date and sustainment period.
If a third-party fund administrator is engaged, include a letter describing draw controls and verification scope.
5. Make “Capital At Risk” Unmistakable
Avoid anything that could look like a guarantee of return. In loan structures, show market-rate terms, permissible collateral, and risk consistent with private credit. In preferred equity, disclose waterfall mechanics without principal guarantees. If proceeds are escrowed pending milestones, include escrow instructions that release funds upon I-526e receipt or objective project conditions—not upon outcomes.
6. Document The Job Creation Story You Rely On
While the project carries the heavy lift through I-956F, your packet should point the officer to:
- Economist report (RIMS II/IMPLAN) and the specific categories of spend that generate jobs
- Projected jobs per investor and the buffer above ten
- Schedule realism: construction durations, operations ramp, or other drivers that fit within the statutory window post-approval
If you rely on a reserved lane, note any implications for I-526e rural processing time and how the designation is supported.
7. Use A Disciplined Exhibit Architecture
- Bates-stamp all pages.
- Put exhibit titles in headers (e.g., “Ex. C-12 – 2024-03 ABC Bank Statement (acct-1234)”).
- Insert brief bridge memos before complex sections (e.g., corporate distributions, multi-jurisdiction FX).
- Maintain a master index (exhibit number, title, page count, and purpose).
- Provide a name variant table mapping passports, tax IDs, transliterations, and prior filings.
8. Anticipate And Pre-empt Common RFEs
Frequent RFE themes include missing monthly statements, unexplained cash deposits, tax inconsistencies, gift/loan gaps, and opaque entity records. Pre-empt them with full-period statements, donor/lender SOF, CPA reconciliations, corporate registers and resolutions, and clear cross-references. This preparation shortens any I-526e processing time exposure created by avoidable queries.
9. Translations And Identity Data
Provide certified translations for all non-English documents. Standardize transliterations across passports, bank records, and corporate filings. Where applicable, notarize or apostille deeds, gift instruments, and registries to the customary standard in the issuing jurisdiction.
10. Timing Strategy And Filing Posture
1.) Concurrent filing (if eligible): If in valid non-immigrant status, coordinate Form I-526e with I-485 to access EAD/AP while the petition pends. Plan travel to avoid abandoning adjustment; track the I-485 processing time after I-526e is approved for consular versus AOS strategies.
2.) Lane selection: Reserved categories—particularly rural—can interact favorably with visa availability and I-526e processing times. Ensure the project’s designation is well-documented in I-956F.
3.) Sustainment planning: Understand how capital will remain at risk during sustainment (loan maturity extensions, redeployment policies). Request written policies and include excerpts or references.
11 Strengthen Credibility With Third-Party Confirmations
- Bank letters confirming account ownership and specific wires
- CPA letters reconciling distributions/retained earnings or multi-leg asset sales
- Attorney opinions on inheritance/gift law or FX compliance in your home jurisdiction
- Fund-administrator attestations documenting draw controls and approvals
These independently tie together the numbers your statements already show and may contribute to a smoother I-526e approval time.
12. Maintain A Living Archive For I-829
Establish a post-filing archive: NCE statements, JCE spend reports, fund-admin draw approvals, lien waivers, major invoices, and updated economist letters. Curating real-time evidence later reduces risk to adjudication timelines.
13.) Quality Control Before You File
Run a “mock RFE” audit:
- Can a stranger follow the entire flow of funds without guessing?
- Are amounts reconciled (in/out, fees, FX spreads)?
- Do tax proofs corroborate income/gain narratives?
- Are entity names and dates consistent across all documents?
- Does the file cleanly show capital at risk and a job buffer?
Address anything that needs more than two sentences to explain.
14. Costs, Logistics, And Tracking
Budget for the I-526e filing fee and professional costs (legal, CPA, translations). Verify courier instructions and the correct I-526e filing address prior to dispatch. Keep delivery proofs and USCIS receipts organized; these small operational details can matter if a status question arises.
15. Suggested Exhibit List (investor-side)
- Government IDs (passport, visas, prior approvals)
- One-page roadmap and master exhibit index
- Bank/broker statements (full periods) for each account in the flow
- SWIFT/wire proofs (outbound and inbound) and FX documentation
- Source-specific evidence: tax returns; payroll; corporate records and audited financials; deeds/closings; gift/loan instruments with donor/lender SOF; probate/succession; M&A contracts and escrow releases
- Certified translations; notarizations/apostilles as applicable
- I-956F receipt/approval and pertinent project excerpts (PPM/LLC agreement sections on subscriptions, use-of-proceeds, escrow release)
- Fund-administrator letter (if applicable)
- CPA/bank/legal opinion letters (where helpful)
Final Thought
The I-526e petition is won or lost in the details. When your narrative, banking trail, tax record, and project documents all point in the same direction—clearly and consistently—review becomes verification rather than investigation. Build the packet that makes the adjudicator’s job easy, and you materially improve the odds of a clean, timely result despite variable I-526e processing times.
Quick reference: timelines (informational, not guarantees)
- I-526e processing time / I-526e approval time: Highly variable by lane and workload; reserved categories may see different pacing than unreserved.
- I-526e rural processing time: Some rural filings may experience prioritization under policy focus, but documentation quality remains decisive.
- I-526e processing times: Monitor USCIS updates and the Visa Bulletin for movement affecting downstream availability.
This guide is intended to complement, not replace, counsel’s advice on strategy, procedure, or evolving adjudication trends—please contact us to be connected with a seasoned immigration attorney for tailored legal guidance.
Quick Reference: Timelines (informational, not guarantees)
- I-526e processing time / I-526e approval time: Highly variable by lane and workload; reserved categories may see different pacing than unreserved.
- I-526e rural processing time: Some rural filings may experience prioritization under policy focus, but documentation quality remains decisive.
- I-526e processing times: Monitor USCIS updates and the Visa Bulletin for movement affecting downstream availability.
This guide is intended to complement, not replace, counsel’s advice on strategy, procedure, or evolving adjudication trends—please contact us to be connected with a seasoned immigration attorney for tailored legal guidance.
get started
Schedule a Consultation
Discuss your eligibility and review current investment
opportunities with our licensed professionals.
