Blog Post
What Is Form I-526?
5/26/2025
Form I-526, the Immigrant Petition by Standalone Investor (or I-526E for Regional Center Investors), is the foundation of your EB-5 application. This form establishes your eligibility for the EB-5 program by demonstrating that you meet the stringent investment requirements. It serves several critical purposes:
Lawful Funds
It proves you have the lawful funds to invest the required amount. For standard cases, the investment amount is $1.05 million. Meanwhile, for targeted employment areas (TEAs), the required investment is $800,000. Your attorney will help you document the legal source of these funds, ensuring compliance with USCIS regulations.
Qualifying Investment
It shows that you intend to invest in a qualifying new commercial enterprise in the U.S. This enterprise must be for-profit and engage in lawful business activities. The investment must be at risk, committed to the business, and used to support the business’s operations and growth.
Job Creation
A core requirement of the EB-5 program is producing or preserving at least ten full-time jobs for U.S. workers. The investor must create these jobs within two years of admission to the United States as a conditional permanent resident. Proper documentation and business plans are crucial to prove the potential for job creation and meet this requirement.
You submit Form I-526 at the start of your EB-5 process. This filing kickstarts the journey, allowing USCIS to evaluate your eligibility and the merits of your investment. Approval grants you conditional permanent residency for two years, during which you must fulfill the job creation requirements.
Understanding Form I-526 is crucial for EB-5 investors. Filing this form correctly and providing comprehensive documentation sets a strong foundation for the entire immigration process. The next step involves filing Form I-485, which moves the investor closer to obtaining permanent residency.
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