Form I-526E

Immigrant Petition by Alien Investor

Filed by foreign investors to establish eligibility for permanent residency through the EB-5 Immigrant Investor Program.

Filing Fee

$3,675

Processing Time

24 to 60 months (varies significantly; some regional center projects have faster processing)

Who Files

Foreign investors applying for EB-5 immigrant investor classification.

What is Form I-526E?

Form I-526E is the immigrant petition filed by foreign investors seeking U.S. permanent residency through the EB-5 program. The investor must demonstrate that they have made or are actively in the process of making a qualifying investment in a new commercial enterprise that will create at least 10 full-time jobs for U.S. workers. This form replaced the original I-526 under the EB-5 Reform and Integrity Act of 2022.

Key Points

Investment of $1,050,000 standard or $800,000 in a Targeted Employment Area (TEA)

Must demonstrate lawful source of investment funds

Investment must create at least 10 full-time jobs for U.S. workers

Regional center investments can count indirect and induced job creation

Concurrent filing with I-485 may be available when visa numbers are current

Frequently Asked Questions

QWhat is the difference between I-526 and I-526E?

Form I-526E replaced the original I-526 following the EB-5 Reform and Integrity Act of 2022. The I-526E is used for petitions filed under the reformed program, which includes new integrity measures, updated TEA designations, and set-aside visa categories for rural, high-unemployment, and infrastructure projects.

QCan I file I-485 at the same time as I-526E?

Yes, concurrent filing of I-526E and I-485 is possible when an EB-5 visa number is immediately available. This allows the investor to obtain work authorization (EAD) and advance parole while the I-526E is pending, which can take several years.

QWhat happens after I-526E is approved?

After I-526E approval, the investor receives a conditional Green Card valid for 2 years. Before the 2-year conditional period expires, the investor must file Form I-829 to remove the conditions by demonstrating that the investment was sustained and the required jobs were created.

Practical Tips

Work with an experienced EB-5 attorney to ensure proper documentation of the lawful source of funds

Research regional center projects thoroughly, including their track record and job creation methodology

Consider concurrent I-485 filing if visa numbers are available to gain EAD and travel benefits sooner

Related Forms

Form I-485

Application to Register Permanent Residence or Adjust Status

Filed by individuals already in the U.S. to adjust their status to permanent resident (Green Card).

Form I-829

Petition by Investor to Remove Conditions on Permanent Resident Status

Filed by EB-5 investors to remove the conditions on their conditional Green Card by demonstrating the investment was sustained and jobs were created.

Form I-765

Application for Employment Authorization

Filed to request an Employment Authorization Document (EAD) for work permission in the U.S.

Form I-131

Application for Travel Document

Used to apply for a reentry permit, refugee travel document, or advance parole.

Related Visa Types

EB-5 Visa

EB-5 Immigrant Investor Visa

Green Card through investment of $800,000 or $1,050,000 in a U.S. commercial enterprise that creates jobs.

Green Card

U.S. Permanent Resident Card

Permanent residency in the United States, granting the right to live and work permanently.

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