I-526 PETITION PROCESS   <  BACK

For investors seeking lawful permanent residence, the first step in the process is to file an I-526 Immigrant Petition by Alien Entrepreneur (the “I-526 Petition”) together with accompanying evidence in support of the program’s requirements. Regent America facilitates each step of this process by recommending and closely working with qualified immigration attorneys. USCIS evaluates I-526 Petitions by reviewing these criteria, among others:

>> New Commercial Enterprise
There must be evidence that shows that the enterprise is new, and authorized to transact business.

>> Investment Capital
The petition must be supported by evidence that the petitioner has invested (or is actively in the process of investing) the minimum required capital ($500,000). USCIS expects these funds to be “at risk”, connoting an irrevocable commitment to the enterprise. The funds must be used by the enterprise exclusively to create employment. Funds used to pay administrative costs or other obligations undertaken to promote the investment in the enterprise are not deemed “at risk.”

>> Source of Capital (Background Check)
Evidence must support the legal acquisition of capital. The investor must be able to demonstrate a legitimate source and path of funds used towards the investment. Foreign investors who may be subject to limitations governed by the United States Department of the Treasury’s Office of Foreign Asset Control (OFAC) should consult a legal counsel as to the requirements related to obtain a license prior to filing the I-526 Petition with the USCIS.

>> Amount of the Investment
The petition must be supported by evidence that the required minimum sum has been invested.

>> Employment Creation or Preservation
There must be evidence that 10 direct or indirect jobs will be created or preserved on account of each EB-5 investment. This evidence is usually in the form of an economic study which outlines in detail how the jobs will be created. Regent America hires a qualified economic research firm to conduct such study and then submits it to USCIS.