Do You Qualify To File Form I-526?

What is Form I-526?The Form I-526 is the Immigrant Petition for Alien Entrepreneur.What is the Purpose of Form I-526?Foreigners who invest in a new commercial enterprise may petition the U.S. Citizenship and Immigration Services (USCIS) for status as an immigrant under section 203(b)(5) of the Immigration and Nationality Act.Who May File Form I-526?Foreign investors may file this petition if they have established a new commercial enterprise:

  1. In which the foreign investor engages in a managerial or policy-making capacity;*
  2. In which the foreign investor has invested or actively in the process of investing a minimum of 1 million dollars in a new commercial enterprise or $500,000 in a targeted employment area (TEA).*
  3. Which will benefit the United States economy; and*
  4. Which will create 10 full-time jobs for qualified United States citizens. (Not including the foreign investor himself, or his spouse, or his children.)

What Should The Establishment of the New Commercial Enterprise Include?

  1. Creation of a new business;*
  2. Purchase of a business that already exists with simultaneous or subsequent restructuring such that it results in a new commercial enterprise;*
  3. Investment in an existing business where the investment results in expansion and substantial increase of at least 40% in either the net worth of the business, increase in the number of employees, or both.

What Is The Filing Fee for Form I-526?The filing fee for Form I-526 is $1,500 in the form of check or money order.What Is the Initial Evidence Required?

  1. Evidence that the foreign investor has established a lawful business entity under U.S. laws and based on the new commercial enterprises' location of establishment. Or if the investment is made in an existing business, then there needs to be evidence that the investment caused a substantial change or increase of at least 40% of the businesses net worth, number of employees, or both.*
  2. If the enterprise is established in a targeted employment area (TEA) then the investor must provide evidence.*
  3. The investor must provide evidence that he or she has invested or is in the process of actively investing the required amount and that depends on the location of the new commercial enterprise.*
  4. The investor must provide evidence that the capital they are investing has been obtained through lawful means.*
  5. The investor must provide evidence that will show that the enterprise will create at least 10 full-time jobs for qualified U.S. workers.*
  6. The investor must provide evidence that he or she will be engaged in a direct managerial role or policy making position.

The DecisionThe Form I-526 will be reviewed and it will be determined if the investor is eligible. If the investor has sufficiently provided proof of eligibility, their petition will be approved and they will be granted conditional residency.