Invest Now to Adjust Status (H-1B/F-1/E-2/TN) and Receive Work Permit (EAD) and Travel Permit in as Fast as 90 Days
Invest Now to Adjust Status (H-1B/F-1/E-2/TN) and Receive Work Permit (EAD) and Travel Permit in as Fast as 90 Days
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What is the I-526e petition? In short, it’s the personal filing that anchors an investor’s EB-5 case when proceeding through a regional center, distinct from the project-level submission. Form I-526E plays a central role in the EB-5 Immigrant Investor Program, especially for those contributing capital to projects offered by a USCIS-designated regional center. Introduced following the EB-5 Reform and Integrity Act (RIA) of 2022, this form replaced the legacy I-526 for regional center-based applicants, bringing meaningful procedural updates along with it. This article outlines who must file Form I-526E, the primary eligibility standards, necessary documentation, and how the process typically unfolds.
Form I-526E is submitted by investors participating in EB-5 investment projects through an EB-5 regional center. Its primary purpose is to demonstrate that the individual investor meets the qualifications outlined by the EB-5 visa program. One notable change under the RIA is that applicants no longer submit project-specific materials. Those details are provided separately by the regional center using Form I-956F. This allows the I-526E to focus solely on the investor’s background and eligibility. (For readers comparing naming conventions, USCIS also refers to Form I-526e in certain instruction headers and fee tables; both labels point to the same filing.)
Anyone seeking a green card through an EB-5 regional center must file Form I-526E. This includes those who:
Each investor is required to file a separate I-526e petition, even if multiple individuals are investing in the same EB-5 investment project. Practically, most attorneys will also reference the I-526e form itself in their engagement letters and checklists to keep your personal packet distinct from the project file.
Previously, applicants used Form I-526, which combined both investor and project-level documentation. Today, I-526E covers only the investor’s personal information, while the project sponsor files Form I-956F separately. This updated process enables investors to focus on proving:
To file, investors must also submit the receipt notice confirming that the regional center has filed Form I-956F. Because USCIS adjusts fees periodically, counsel will confirm the current I-526e filing fee and the correct I-526e filing address before your packet is sent.
To be eligible for the EB-5 green card through a regional center, applicants must satisfy the following:
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USCIS requires a clear paper trail connecting origin to the actual investment (salary, business income, asset sales, secured loans, gifts, inheritances, etc.).
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Agreements guaranteeing returns or repayment violate EB-5 requirements.
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Each investor’s contribution must lead to at least ten full-time U.S. jobs. Regional center investors may count direct, indirect, or induced jobs based on accepted economic modeling.
Successful packets typically include:
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Incomplete or unclear documentation is a common reason for I-526e processing delays or RFEs.
Timelines vary with workload, country of chargeability, category choice, and project readiness. Investors often ask about I-526e processing time or “how long to approval.” There isn’t a single answer, but several reference points help set expectation
Published estimates sometimes refer to USCIS I-526e processing time 2025, and broader dashboards list USCIS I-526e processing times 2025; both are directional, not promises.
Set-aside categories can influence pacing. For example, practitioners talk about I-526e rural processing time in the context of reserved rural lanes, which may move faster depending on demand.
Counsel will also frame expectations around an I-526e approval time range for your fact pattern and project category.
When your case advances, your attorney will flag the milestone of I-526e approval and plan next steps—either immigrant visa processing abroad or adjustment of status in the U.S.
One of the more impactful provisions of the RIA is the ability to file Form I-485 (Adjustment of Status) concurrently with I-526E—if you are already in the U.S. in valid status. Advantages include earlier work/travel benefits while you wait. If you pursue that path, you’ll also track the I-485 processing time after I-526E approval to understand the post-petition adjudication horizon.
Since I-526E launched, volume has climbed, particularly in visa set-aside categories. Trends noted by practitioners include:
As always, delays can originate from the I-956F side; even a pristine personal filing can be slowed by project-level issues.
Avoid:
As always, delays can originate from the I-956F side; even a pristine personal filing can be slowed by project-level issues.
I-526e is the investor’s linchpin in today’s regional-center EB-5 architecture; pair it with a meticulous project file and conservative job buffer to reduce friction later. Work with experienced counsel to synchronize documentation, confirm fees and addresses, and map realistic timelines. With a complete record, calibrated expectations about I-526e processing, and a project partner that publishes clear evidence throughout, investors can navigate from filing to decision with fewer surprises. In short: treat I-526e as a precision filing—because that’s exactly how USCIS will read it.
Yes. For regional center investments, USCIS expects your I-526E to reference a receipted I-956F for the specific project. Practically, that means you (or counsel) should obtain the I-956F receipt notice from the EB-5 regional center and include it with your filing. Submitting I-526E before the I-956F is on file is a common, avoidable mistake that can trigger delays or a rejection.
USCIS wants a traceable paper trail from original source to the new commercial enterprise (NCE). That typically includes tax returns or business financials, wage slips, sale contracts and closing statements for real estate or securities, bank ledgers showing transfers, and loan documents (with collateral evidence) if debt is used. Think in links: source → intermediate accounts → escrow/NCE; every hop should be supported to reduce questions and keep EB-5 processing times on track.
If you invest through an EB-5 regional center, yes—direct, indirect, and induced jobs can all be credited when supported by accepted economic models (e.g., RIMS II or IMPLAN) and tied to qualified project expenditures. Your I-526E should align with the project’s I-956F job methodology, and you’ll ultimately need an evidentiary record (budgets, draw approvals, invoices) that lets those modeled jobs be proven at I-829.
If you’re eligible to adjust status, concurrent filing (I-526E + I-485 together) can be valuable: you can typically obtain EAD and Advance Parole while you wait, which stabilizes work and travel. It doesn’t guarantee faster adjudication, but paired with a solid set-aside lane (rural/TEA) and a clean, well-documented package, it often makes the EB-5 green card journey more manageable, especially for F-1/OPT and H-1B families.
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