The United States Citizenship and Immigration Service (“USCIS”) announced new Forms I-526 and I-526E to be used by EB-5 immigrant investors seeking permanent residence via the EB-5.
- Form I-526, Immigrant Petition by Alien Entrepreneur is to be used by standalone 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 (previous commonly referred as a “Direct” investment); and
- Form I-526E, Immigrant Petition by Regional Center Investor is to be 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.
The USCIS created Form I-526E 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.
By statute, a potential immigrant investor cannot file Form I-526E until the regional center has filed Form I-956F for the particular investment offering through an associated new commercial enterprise into which the potential immigrant investor is investing. Once the regional center has received a receipt notice for the Form I-956F confirming its filing, investors may then file their associated Form I-526E based on that receipt notice.
Effective July 12, 2022, Forms I-526 and I-526E must be submitted in compliance with new program requirements. The filing fee is $3,675 for each form.
By separate “Alert” posted in the USCIS website, the USCIS advised:
“Starting July 12, 2022, we are accepting the new Form I-526, Immigrant Petition by a Standalone Investor.
We will adjudicate all Forms I-526 filed before March 15, 2022 (the date of the enactment of the EB-5 Reform and Integrity Act of 2022), according to the applicable eligibility requirements at the time the petition was filed. We will continue to process Forms I-526 under the visa availability approach, prioritizing petitions for investors with an available visa or a visa that will be available soon.”
For more information or if you have questions, contact us at email@example.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.