Form I-526

Filing Form I-526: Key Steps for a Successful EB-5 Petition

The Form I-526, Immigrant Petition by Alien Entrepreneur, is the official start of your EB-5 journey. It is a comprehensive application where you, the investor, must prove to USCIS that you have met all the requirements of the EB-5 program. A meticulously prepared I-526 petition is the foundation of a successful case. Here are the key steps to keep in mind.

1. Make a Qualifying Investment

   Before you can even think about filing, you must make a qualifying investment. This means investing the required EB-5 Investment Amount into a new commercial enterprise. This is the foundational act upon which your entire petition rests.

2. Document Your Lawful Source of Funds

   This is arguably the most critical and labor-intensive part of the I-526 process. You must provide a detailed and credible paper trail that proves your investment capital was obtained through legal means. Whether your funds come from salary, the sale of property, a gift, or an inheritance, every dollar must be accounted for. For more on this, see our guide on EB-5 Source of Funds & Regional Centers.

3. Compile a Comprehensive Petition Package

   The I-526 is more than just a form; it’s a mountain of evidence. Your petition package must include the I-526 form itself, detailed documentation about the project you’ve invested in (including its business plan and job creation methodology), and, of course, your extensive source of funds documentation. For a complete walkthrough, visit our Step-by-Step Guide to the EB-5 Petition Process.

4. The Waiting Game: Adjudication and RFEs

   Once filed, your petition will be adjudicated by USCIS. This can be a lengthy process. During this time, it is crucial to be prepared for a **Request for Evidence (RFE)**. An RFE is not a denial, but it is a serious inquiry that requires a prompt and thorough response. Working with an experienced attorney is the best way to navigate this stage successfully.

The First Domino to Fall

Filing Form I-526 is the first major domino to fall in your EB-5 journey. A successful petition is the key that unlocks the door to conditional permanent residency and puts you on the path to a new life in the United States. By focusing on these key steps and working with a team of experienced professionals, you can build a strong foundation for a successful outcome.