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Posted on July 18 2022

Aliens who invest in USA get a revised I-526 form for US immigration

By Editor
Updated July 25 2023

Highlights of US investor visa forms:

  • USCIS has revised I-526 form that’s meant for aliens who invest in USA to apply for a Green Card.
  • Changes were made to filing and eligibility requirements for investors under the EB-5 program.
  • Form I-526 under the EB-5 Reform and Integrity Act of 2022 to have 2 versions after the revision.

USCIS has revised Form I-526. This form is meant for an alien entrepreneur to file an immigrant petition. This form is used to accommodate the EB-5 Reform and Integrity Act of 2022. Lately, there have been some significant changes made to both the eligibility and filing requirements for investors applying under the EB-5 program.

Now, there are 2 versions of the I-526 form after the revision:

  • Form I-526, for a standalone investor filing an immigrant petition
  • Form I-526E, for a Regional Center Investor filing an immigrant petition

Form I-526 is to be used by standalone immigrant investors who aren't trying to pool their investment with any number of investors seeking EB-5 classification. This version of the form is very similar to the edition of Form I-526 that was in use.

Form I-526E is to be used by immigrant investors who are trying to pool their investment with a minimum of one additional investor seeking EB-5 classification. Such a classification is done under the new regional center program.

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Form I-526E will reflect the elements of the new regional center program. This will include the ability to incorporate evidence by reference obtained from Form I-956F issued at a regional center.

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Before you immigrate to US, understand denial of Green Card applications

It’s pronounced by statute that a potential immigrant investor isn’t allowed to file Form I-526E until the regional center has filed Form I-956F for the particular investment. This will be an investment that’s offered through an associated commercial enterprise that the potential immigrant investor is investing in.

The regional center first receives a receipt notice for Form I-956F. This confirms that the filing has been done. Then the investors may file their associated Form I-526E. This will be based on that notice of receipt.

Effective July 12, 2022, Forms I-526 and I-526E have to be submitted by complying with new program requirements. The filing fee for each form is $3,675.

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What’s the EB-5 Program?

The EB-5 Program is administered by USCIS. Under this program, investors (as well as their spouses and unmarried children under 21) have the eligibility to file an application for a Green Card (US permanent residence). For this they have to:

  • Make an investment necessary for a commercial enterprise in the USA
  • Plan to create/keep 10 permanent full-time jobs for US workers who are sufficiently qualified

This is what constitutes the EB-5 program. It’s named after the employment-based fifth preference visa that's received by the participants.

Congress created the EB-5 Program in 1990. The aim was to stimulate the US economy by creating jobs and garnering capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also called Regional Center Program. It sets aside EB-5 visas for participants who invest in commercial enterprises that are associated with regional centers. These centers are approved by USCIS. The approval is granted on the basis of proposals for promoting economic growth.

If you are willing to migrate to USA, talk to Y-Axis, the leading immigration and career consultant in the UAE.

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