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.

Moving to New York?

This page is general information. Reinvent NY does not provide immigration or legal services and does not prepare or file visa applications; for your own case, consult a licensed immigration attorney. Once you are coming, we help with apartments, offices and setting up your business in New York.

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