What is an I-526 petition?

What is an I-526 petition?

I-526 summary An I-526 petition is the first application that an EB-5 investor must file and must demonstrate, with a credible business plan, that the program’s requirements will be fulfilled: capital investment; a lawful source and path of funds; required job creation; the investment will be “at risk”; etc.

What is I-526 used for?

The I-526 Immigrant Petition by Alien Entrepreneur is filed by the EB-5 investor to demonstrate that they are in the process of investing, or have already invested the required amount of capital in a suitable EB-5 project. I-526 petitions are usually prepared on behalf of EB-5 applicants by an immigration attorney.

Does I-526 have premium processing?

I-526 processing times Expedited I-526 petition to be processed in about two to six months. Rural investment with premium processing to be adjudicated in about a year (including petitions from China as rural set-asides create a new lineup)

Can you file i-526 and i-485 concurrently?

The EB-5 Reform and Integrity Act of 2022 now allows petitioners to concurrently file their I-526 petition and I-485, for adjustment of status. Prior to the new legislation, investors had to wait for I-526 approval before applying to adjust their status.

Can I stay in US while waiting for EB-5?

This status is good for two years. The investor and his or her family members can live and work in the U.S. During the 2-year conditional residency period, the EB-5 visa investor will be required to fulfill physical presence requirements, and cannot remain outside of the United States for more than one year.

Can you apply for H1B and green card at the same time?

Yes. The H1B visa is a dual-intent visa, which means that those who hold it are eligible for permanent residency by applying for a green card. If you are interested in staying in the US, you should start the process of applying for your green card sooner rather than later.

Can i526 be expedited?

Investors in direct EB-5 projects may be able to shorten their I-526 petition processing times and receive green cards in a matter of months, instead of years, by applying to USCIS for expedited status.

How do I check my i-526 status?

You can check your I-526 petition status by putting in your case number at Check Case Status on the official website of USCIS (https://egov.uscis.gov/casestatus/landing.do).

Is green card for life?

A Green Card entitles its holder to permanently live and work in the USA. As an official ID document, the popular immigrant visa also gives the Green Card owner almost all the rights of a US citizen.

How long does it take to get a green card through EB-5?

The government usually issues a permanent green card around 6 months after the I-829 has been submitted. The EB-5 Visa is also fast! The average processing time for the EB-5 Visa is six months, and the initial application and petition are usually approved within 60 days from the date of filing.

What do you need to know about I-526 immigration petition?

Form I-526, Immigrant Petition by Alien Entrepreneur 3. Cover Letter 4. Evidence of establishment of a new commercial enterprise (NCE), which must include: Any similar instruments, agreements, or documents evidencing the investment and the resulting substantial change. 5.

When does USCIS accept Form I-526 for EB-5?

While USCIS considers this decision, we will accept petitions filed on the April 15, 2019, version of Form I-526, which is the only form that DHS updated as part of the vacated rule. Alert: Statutory authorization for the EB-5 Immigrant Investor Regional Center Program ended at midnight on June 30, 2021.

What is the suggested Order of documentation accompanying Form I-526?

The following is the suggested order of documentation accompanying Form I-526, Immigrant Petition by Alien Entrepreneur. You can find the initial evidentiary requirements identifying required documentation at 8 C.F.R. § 204.6 and in the Form I-526 instructions. 1. Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative 2.

How do I pay the USCIS Form g-1450?

You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.