I-526 Petition for an Alien Entrepreneur
The I-526 Immigrant Petition by Alien Entrepreneur is filed by the EB-5 investor to demonstrate that they are in the process of investing, or have already invested the required amount of capital in a suitable EB-5 project.
The I526 petition carries a $1,500 filing fee and is usually prepared by an Immigration Attorney.
After the investor completes a thorough business and financial due diligence analysis of the viability of the EB-5 project, the investment is made and an I-526 petition is filed by the foreign investor with USCIS, requiring USCIS to approve that the applicant (source of funds) and the investment are eligible for EB-5 status.
The following is required:
- Evidence that you have invested in a designated Regional Center according to the approved regional center business plan. A letter from legacy INS or USCIS should be attached with Form I-526 designating the Regional Center. Your investment must be in a business enterprise within the geographical area specified in this letter.
- Evidence, if applicable, that your business has been established in a targeted employment area.
- Evidence that you have invested or are in the process of investing the amount required ($1,000,000 or $500,000).
- Evidence that the investment funds were obtained through lawful means.
- Foreign business registration records
- Personal and business tax returns, or other tax returns of any kind filed anywhere in the world within the previous five years
- Documents identifying any other source of money; or
- Certified copies of all pending civil or criminal actions and proceedings, or any private civil actions involving money judgments against the investor with the past 15 years.
- Evidence that your investment in the Regional Center will create at least 10 direct or indirect full-time jobs.
Evidence that the capital used was legally acquired may be demonstrated by the following: