For EB5 investors seeking a US green card through investment, understanding the different forms involved in the process is crucial. Two important forms to be aware of are Form I-526 and Form I-526E. Here’s what you need to know.
What Is Form I-526?
Form I-526, also known as the Immigrant Petition by Standalone Investor, is used by individuals who want to invest in a new commercial enterprise and seek US residency through the EB5 investor visa program. It is an essential form in the EB5 process, since investors must file it in order to request an EB5 visa. Investors usually file this form with the assistance of their immigration attorney. Form I-526 currently has a filing fee of $3,675, plus a separate $1,000 EB5 Immigrant Investor Program Integrity Fund fee.
What Is Form I-526E?
Form I-526E, known as the Immigrant Petition by Regional Center Investor, is a newer version of Form I-526 and was introduced after the EB-5 Reform and Integrity Act of 2022. Like the I-526, Form I-526E is used to request an EB5 visa but is specifically designed for investors participating in regional center projects. These are projects that pool EB5 investments from multiple investors to fund large projects where the investor is not directly involved in day-to-day business operations. The filing fee for this form is $3,675, plus a separate $1,000 EB5 Immigrant Investor Program Integrity Fund fee.
How Are They Different?
The primary difference between Form I-526 and Form I-526E is in the nature of the investment.
- Form I-526 is for direct EB5 investors who are involved in managing their investment.
- Form I-526E is for investors participating in regional center projects, where the management is handled by the regional center.
The EB5 Reform and Integrity Act also introduced additional requirements for regional center investors, which is why the new form was developed to differentiate these applications.
Which Form Should I Use?
If you are investing in a regional center, you will need to file Form I-526E. If instead you choose to make a direct investment and manage the business yourself, Form I-526 is the appropriate form. It’s essential that you understand your investment structure so you can choose the correct form.
Does One Form Require More Work Than the Other?
Although both forms serve the same purpose—requesting an EB5 visa—Form I-526E has additional reporting and compliance requirements for regional centers. For the investor, this shouldn’t mean extra work, since the regional center should provide all the necessary information for a given project using the Form I-526E template.
In conclusion, the key difference between Forms I-526 and I-526E is simply the type of investment chosen by the EB5 visa applicant. Understanding which form applies to your situation ensures that your application is processed correctly and without unnecessary delays.
What to Expect After Filing
After filing your Form I-526 or I-526E, you can expect several things to occur before you receive a decision on your EB5 visa application.
- First, you will receive a receipt notice from US Citizenship and Immigration Services (USCIS), typically as a Form I-797C, confirming they have received your petition.
- Next, USCIS will review your application, which may take several months depending on processing times. During this period, you may receive a Request for Evidence (RFE) if USCIS requires additional information to support your application.
- Once USCIS completes its review, it will approve or deny your petition or will issue further requests. Upon approval, you can begin the process of adjusting your status (if you are already in the US) or applying for an immigrant visa at a US consulate abroad.
It’s essential to stay informed about your case status and respond promptly to any requests from USCIS to avoid delays.
Once your I-526 or I-526E petition is approved, you can now proceed with filing an I-485 or DS-230 application.
How LCR Can Support Your EB5 Investment Journey
LCR Capital Partners is committed to assisting EB5 investors smoothly navigate the EB5 application process and understand which forms are relevant for their investment. Our experienced team provides expert guidance tailored to each investor and works directly with your chosen immigration attorney. We offer clear, personalized advice to help you understand each step, ensuring that your path to US residency is smooth and efficient.
