What Is Form I-526
Form I-526, officially the Immigrant Petition by Investor, is the primary USCIS document EB-5 investors file to begin the green card process. It documents your investment amount, the source of your capital, your business plan, and the job creation you expect to generate. USCIS uses this form to determine whether your investment meets EB-5 requirements before you can proceed to adjustment of status or consular processing.
Investment Requirements and Amounts
The I-526 must demonstrate an investment of either $1.05 million or $800,000, depending on your project location. The $800,000 amount applies if you invest in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment. Non-TEA investments require the full $1.05 million. Your I-526 must provide detailed documentation showing where your capital originated, proof of lawful source, and evidence that you control the funds. USCIS scrutinizes these documents closely, particularly regarding anti-money laundering compliance and foreign investment sources.
Filing Process and Priority Dates
You file the I-526 with USCIS, typically through a Regional Center or direct investment. Once accepted, your filing date becomes your priority date, which determines your place in the green card line when your category becomes current. EB-5 priority dates currently have significant backlogs, particularly for investors from China and India. Your I-526 must include Forms I-485 or DS-260 documentation depending on whether you adjust status in the United States or process through a US consulate abroad.
Required Documentation
- Proof of lawful source of funds, including bank statements, tax returns, and asset documentation going back 5 years
- Investment agreement and business plan showing job creation projections
- Evidence of capital control and ability to transfer funds
- Form I-864 Affidavit of Support demonstrating sufficient income
- Police certificates and medical exams (Form I-693) for all family members if included
- Birth certificates and marriage certificates with certified translations if not in English
Approval and Next Steps
USCIS typically takes 6 to 24 months to approve or deny your I-526, depending on workload and case complexity. Upon approval, you receive an I-797 approval notice and can either file Form I-485 to adjust status within the United States or proceed with consular processing at a US embassy or consulate. If your priority date is current, you can move forward immediately. If it is not current, you must wait until it becomes available before filing your adjustment or consular forms.
Common Questions
- Can my spouse and children use my I-526 petition? Yes, your spouse and unmarried children under 21 can be derivative beneficiaries on your petition, but they must be listed on your original I-526 filing.
- What happens if my investment is through a Regional Center? Your I-526 must identify the Regional Center, include the investment agreement with the center, and show how your capital will be deployed into the business creating jobs.
- How does my priority date affect my green card timeline? Your priority date controls when you can adjust status or process consularly. Currently, Chinese and Indian nationals face multi-year waits because their priority dates are not current. Other nationals may become current within months or years depending on visa category demand.
Related Concepts
EB-5 is the employment-based green card category that the I-526 supports. Regional Center programs allow investors to pool capital and count indirect job creation toward their I-526 requirements.