USCIS Form I‑526 2025 – Complete Process

By Shanza Thomas

Updated on:

USCIS Form I‑526

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.

  1. 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.

  2. 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.

  3. 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.

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