Filing the I-526: Process and Timeline

The Immigrant Investor Program (EB-5) requires foreign investors to file Form I-526, Immigrant Petition by Alien Investor, to demonstrate their eligibility for permanent residency in the United States. Understanding the process and typical timelines is crucial for successful application management.

The I-526 Filing Process Overview

Filing the I-526 marks the formal initiation of the green card application based on investment. The process involves meticulous documentation and submission to U.S. Citizenship and Immigration Services (USCIS).

Key Components of the I-526 Petition

A complete I-526 petition must satisfy both the investor qualification requirements and the job creation requirements. Essential elements include:

• Form I-526: Properly completed and signed.
• Evidence of Investment: Proof that the required capital (typically $800,000 or $1,050,000) has been irrevocably committed and transferred to the new commercial enterprise (NCE).
• Source of Funds Documentation: Detailed records tracing the origin of the investment capital (e.g., salary, business profits, loans).
• Business Plan: A comprehensive plan demonstrating how the NCE will create the requisite number of full-time jobs within the projected timeline.
• NCE Documentation: Articles of incorporation, organizational documents, and evidence that the enterprise is actively operating or being established.

Understanding the Processing Timeline

Processing times for the I-526 petition fluctuate significantly based on USCIS workload, completeness of the submission, and whether the case involves a Targeted Employment Area (TEA).

Standard Processing vs. Premium Processing

USCIS historically provided varying timelines. While standard processing times can range widely, investors often opt for accelerated services where available.

• Standard Processing: Historically variable, often taking 18 to 30 months or more, depending on the service center backlog.
• Premium Processing (I-907): Although traditionally not available for the initial I-526 filing, investors should monitor USCIS announcements, as limited pilot programs or expansions may occur. Premium processing guarantees a response within a fixed period (e.g., 15 calendar days) for eligible forms.

Note on Timelines: Always refer to the official USCIS Processing Times Tool for the most current estimates specific to the service center handling your petition.

Potential Delays and Requests for Evidence (RFEs)

The most common cause for timeline extension is the issuance of a Request for Evidence (RFE). An RFE indicates that USCIS requires further documentation to confirm eligibility. Common RFE topics include:

1. Insufficient detail regarding the source and lawful acquisition of investment funds.
2. Lack of clarity on how projected jobs will meet the full-time employment standard.
3. Questions about the NCE's operational status or adherence to the approved business plan.

Responding promptly and thoroughly to an RFE is critical, as the clock stops until USCIS receives the full response.

Post-Filing Steps

Once the I-526 is filed, the investor waits for adjudication. If approved, the investor proceeds to the next stage of the immigration process, which depends on their current location:

• If outside the U.S.: Proceed to consular processing (interview at a U.S. Consulate).
• If inside the U.S. (with valid non-immigrant status): File Form I-485, Application to Adjust Status.

The approval of the I-526 grants Conditional Permanent Residency, contingent upon the creation and maintenance of the required jobs over the next two years. The final step involves filing Form I-829 to remove these conditions.

Successfully navigating the I-526 filing requires meticulous attention to detail concerning both financial traceability and job creation projections. Early engagement with experienced legal counsel is highly recommended to minimize the risk of RFEs and expedite the timeline.