New EB-5 Immigrant Investor Forms Released – General Immigration


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U.S. Citizenship and Immigration Services (USCIS) has revised
Form I-526, Immigrant Petition by Alien Entrepreneur, to
accommodate the EB-5 Reform and Integrity Act of 2022, which made
significant changes to the filing and eligibility requirements for
investors under the EB-5 program. The form is now split into two
versions:

Form I-526, Immigrant Petition by Standalone Investor, is to be
used by “standalone immigrant investors who are not seeking to
pool their investment with additional investors seeking EB-5
classification.” It closely resembles the prior edition of
Form I-526.

Form I-526E, Immigrant Petition by Regional Center Investor, is
to be used by “immigrant investors who are seeking to pool
their investment with one or more additional investors seeking EB-5
classification under the new regional center program.”

Form I-526E “reflect[s] elements of the new regional center
program, including the ability to incorporate evidence by reference
from a regional center’s Form I-956F,” USCIS said.

As of July 12, 2022, Forms I-526 and I-526E must be submitted in
compliance with new program requirements, USCIS said. The filing
fee is $3,675 for each form. Those who file Form I-526E on or after
October 1, 2022, will need to pay an additional $1,000, as required
by the EB-5 Reform and Integrity Act of 2022. This additional
amount does not apply to an amendment request. A separate biometric
services fee of $85 is also required for each petitioner submitting
an initial I-526E petition. The biometric services fee is not
required for petitions filing the I-526 to amend a previously filed
petition.

Details:

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