Form I-526, officially called the Immigrant Petition by Alien Investor, is the first step for foreign nationals pursuing a U.S. green card through the EB-5 Immigrant Investor Program.
This program allows individuals to obtain permanent residency by investing in a qualifying U.S. business and creating or preserving at least 10 full-time jobs for U.S. workers.
Check Also: USA Gold Card Visa – Path for Skilled Workers and Investors
EB-5 Eligibility Requirements:
To qualify for filing Form I-526, you must:
- Invest the Required Amount:
- $1,050,000 for a standard investment
- $800,000 for investments in a Targeted Employment Area (TEA), which includes rural or high-unemployment zones
- New Commercial Enterprise:
- Invest in a business established after November 29, 1990, or restructure/expand a troubled business
- Job Creation:
- Create or maintain at least 10 full-time jobs within two years
- Active Involvement:
- Participate in day-to-day operations or policymaking of the enterprise
Form I-526 Cost:
- USCIS Filing Fee: $11,160
- Other Expenses: Legal fees, medical exam, biometrics, and additional USCIS forms (like Form I-485 or DS-260)
- Total Estimated Cost: $21,000–$22,500, depending on whether you apply from inside or outside the U.S.
Processing Time:
- Current Estimate: 65 to 72 months (varies by country and investment type)
- Check Updates: Use the USCIS processing time tool for real-time estimates
- Track Visa Availability: Monitor the Visa Bulletin for green card availability
Required Documents:
Your application must include evidence to demonstrate the legitimacy and eligibility of your investment:
1. Lawful Business Entity
- Articles of incorporation or formation
- Business license or authorization
- Organizational charts or partnership agreements
2. TEA Designation (if applicable)
- TEA letter from DHS or a qualified agency
- Unemployment data or rural area certification
3. Proof of Investment
- Bank statements showing fund transfers
- Purchase agreements or property transfer records
- Equity agreements or shares documentation
4. Source of Funds
- Tax returns for the past 7 years
- Foreign business registration records
- Gift or loan documentation (with lawful source proof)
5. Job Creation
- Business plan forecasting 10+ jobs (per Matter of Ho standards)
- Tax records or payroll documentation
- Form I-9s for employees (if jobs already created)
6. Identification
- Copy of passport or government-issued photo ID
EB-5 Minimum Investment:
The EB-5 minimum investment is a key requirement for foreign investors seeking U.S. permanent residency through the EB-5 Immigrant Investor Program. As of 2025, the minimum investment amounts are:
- $800,000 for a Targeted Employment Area (TEA) – rural or high-unemployment area
- $1,050,000 for investments outside TEAs
To qualify, the investment must:
- Be in a new commercial enterprise
- Create or preserve at least 10 full-time jobs for U.S. workers
- Be at risk for the purpose of generating return and job creation
Important note: Investors can choose between a direct investment or a regional center project. Regional center investments often meet the job creation requirement through indirect job modeling.
Form I-526 Instructions:
Form I-526, officially titled “Immigrant Petition by Standalone Investor”, is the first step in the EB-5 visa application process. This form is filed with U.S. Citizenship and Immigration Services (USCIS website) to prove that your investment meets the EB-5 program requirements.
Key I-526 Filing Instructions:
- Complete all sections of the form — any missing part may delay your application.
- Attach supporting documentation:
- Proof of lawful source of funds (bank records, tax returns, sale deeds)
- Evidence of investment transfer to the U.S.
- Business plan and job creation forecast
- Include filing fee – As of 2025, the I-526 fee is $11,160
- Send the form to the correct USCIS lockbox address (based on whether you’re investing through a regional center or directly)
Processing time: I-526 petitions can take 12 to 30 months for adjudication, depending on the investor’s country of origin and project type.
How to File USCIS Form I‑526 2025?
- Prepare Documents: Collect evidence of your investment, source of funds, and business operations
- Complete the Form: Download and accurately fill out Form I-526
- Pay the Fee: Submit the $11,160 filing fee via the appropriate payment method
- Mail to USCIS: Use the correct USCIS Lockbox address based on your courier
- Respond to RFEs: If USCIS requests additional documents, respond promptly
- Await Decision: If approved, proceed to apply for a green card via Form I-485 (Adjustment of Status) or DS-260 (Consular Processing)
Where to File Form I-526:
For USPS (Mailing):
- USCIS Attn: I-526/E
- P.O. Box 660168
- Dallas, TX 75266-0168
For FedEx, UPS, DHL (Courier):
- USCIS Attn: I-526/E (Box 660168)
- 2501 S. State Highway 121 Business, Suite 400
- Lewisville, TX 75067-8003
After Approvement:
- Inside the U.S.: File Form I-485 to adjust your status to conditional permanent resident
- Outside the U.S.: Attend a visa interview at a U.S. consulate using Form DS-260
- Next Step: After two years, file Form I-829 to remove conditions on your green card and become a permanent resident
Conclusion:
Form I-526 is a critical first step in obtaining a U.S. green card through investment. Ensuring accurate documentation, lawful funds, and a qualifying business is essential. Consult with a qualified immigration attorney or service provider to guide you through the complex EB-5 process.
Frequently Asked Questions:
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How do I prove job creation?
If jobs are already created: Provide payroll records, Form I‑9s, tax forms.\n- If jobs are planned: Submit a detailed business plan with hiring projections.
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Can I use a gift or loan for my EB-5 investment?
Yes. You must provide evidence that the gifted or borrowed funds were lawfully obtained and transferred in good faith.
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Can I include my family in the I-526 petition?
Yes, your spouse and unmarried children under 21 can obtain green cards as derivative beneficiaries.