USCIS Releases Updated Form I-526

USCIS has announced revisions to Form I-526, Immigrant Petition by Alien Entrepreneur in order to reflect the updated requirements of the EB-5 Reform and Integrity Act of 2022. 

The old form I-526 has now been split into two forms, Form I-526, Immigrant Petition by Standalone Investor, and Form I-526E, Immigrant Petition by Regional Center Investor. As the name implies, Form I-526 should be filed by “solo immigrant investors who are not seeking to pool their investment with additional investors seeking EB-5 classification, and will closely resemble the prior edition of Form I-526.” 

Those using the regional center program will need to file the new Form I-526E, “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 will also be used by regional center investors to report any amendments necessary to establish ongoing eligibility if the regional center, new commercial enterprise, or job-creating entity in which the investor has invested is terminated or debarred from participation in the Regional Center Program.”

As per USCIS, Form I-526E was created to “reflect elements of the new regional center program, including the ability to incorporate evidence by reference from a regional center’s Form I-956F.” Regional center investors will not be able to file form I-526E until their chosen regional center has filed Form I-956F for the commercial enterprise that they are investing in. After the regional center has received a receipt notice confirming the filing of the Form I-956F, investors will be able to file their associated I-526E. 

Administrative Information 

The filing fee for both form I-526 and I-526E is $3,675. Properly filed forms will receive two separate receipt notices. Immigrant investors should expect to receive notice from the USCIS lockbox acknowledging receipt of their I-526 or I-526E, as well as the total fee received and processed. After this first notice investors will receive a formal receipt notice from USCIS that will include their assigned receipt number for the application. 

Investors should also note that as of September 1, 2022, USCIS “will no longer accept a single combined fee payment when an applicant or petitioner files Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor, together with Form I-485, Application to Register Permanent Residence or Adjust Status, Form 131, Application for Travel Document, or Form I-765, Application for Employment Authorization. Petitioners may combine the fee payment for Forms I-485, I-131 and I-765. However, petitioners must send a separate fee payment for Form I-526 or Form I-526E.” Failing to follow these guidelines will result in USCIS rejecting the forms for improper fee payment.

FIND OUT IF EB-5 IS RIGHT FOR YOU

With the EB-5 Reform and Integrity Act ushering in a new era for the EB-5 program, there’s no better time than now to begin preparing your EB-5 application. Fill out our quick evaluation form below and find out if an EB-5 visa is the right choice for you.

 

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