Mahaprasad Nanda

If you want to invest in a U.S. business and permanently move to the United States to oversee your investment, your first step is submitting a Form I-526: Immigrant Petition by Standalone Investor. United States Citizenship and Immigration Services (USCIS) uses Form I-526 to determine whether you're eligible for the EB-5 Immigrant Investor Program.

What Is the EB-5 Program?

"EB" refers to an employment-based green card or visa. There are five sub-categories of employment-based visas, sometimes called preference classes. Sub-category 5 is for investors. The EB-5 program creates a pipeline that allows foreign investors to contribute to the American economy and gain permanent resident (green card) status at the same time.

What Are the EB-5 Program Requirements?

There are four main requirements to qualify for the EB-5 program:

You Must Invest in a Qualifying Project: A qualifying project is any U.S.-based new commercial enterprise. A commercial enterprise is any lawful, for-profit business activity.

You Must Invest the Required Amount of Capital: For Form I-526 petitions filed after March 15, 2022, the minimum investment amount is $1,050,000, or $800,000 for projects in designated Targeted Employment Areas.

Your Investment Must Create U.S. Jobs: Your proposed EB-5 investment plan must create at least 10 full-time employee positions.

You Must Actively Participate in Managing the Project: You must have a hands-on role in the project.

To begin the application process, complete and submit Form I-526 (https://www.uscis.gov/i-526). You'll need to provide detailed documentation about your planned investment, your source of funds, and your business plans.

After you submit your application, USCIS will typically respond in one of the following ways:

• Approval
• Request For Evidence (RFE)
• Notice of Intent to Deny (NOID)
• Denial

Along with Form I-526, you must include documentation showing that the information on the form is correct and evidence proving that you meet all the requirements to qualify for the EB-5 program.

Where Do You File Form I-526?

You must file Form I-526 by mail. Check the USCIS website (https://www.uscis.gov/i-526-addresses) to be sure you submit your application to the correct address.

What's the Filing Fee and Processing Time for Form I-526?

The current filing fee for a Form I-526 petition is $3,675. Check the USCIS website (https://www.uscis.gov/i-526) for the most up-to-date fee information.

Processing times for Form I-526 vary widely but have been slower than usual in recent years. You can check the current estimated processing time for your service center on the USCIS website (https://egov.uscis.gov/processing-times/).

After your Form I-526 is approved, you must then file a Form I-485: Application to Register Permanent Residence or Adjust Status (https://www.uscis.gov/i-485). If you're outside the US, you'll need to apply via consular processing, which involves filing a DS-260: Application for Immigrant Visa and Alien Registration.

If your Form I-485 application is approved, you'll be granted conditional permanent residence for two years. At the end of the two years, you can file a Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status (https://www.uscis.gov/i-829).

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for advice specific to your situation.