Preparing Your I-526 Petition: Documents and Requirements

Successfully filing Form I-526, Immigrant Petition by Alien Entrepreneur, is the critical first step in the EB-5 investor visa process. This petition proves to U.S. Citizenship and Immigration Services (USCIS) that the petitioner has made, or is in the process of making, the requisite capital investment in a new commercial enterprise and that the investment will create the required number of qualifying jobs.

Understanding the Core Requirements

The I-526 petition must comprehensively demonstrate compliance with all EB-5 regulations. Failure to provide adequate evidence in any area can lead to Requests for Evidence (RFEs) or outright denial.

Capital Investment Verification

The petitioner must prove that the required capital—typically $1,050,000, or $800,000 if investing in a Targeted Employment Area (TEA)—has been irrevocably committed and is fully available for the enterprise.

• Source of Funds: Documentation tracing the capital from its origin (e.g., salary, sale of assets, gifts, loans).
• Transfer of Funds: Bank statements and wire transfer confirmations showing the funds moved into the U.S. commercial enterprise's bank account.
• Commitment: Evidence that the funds are non-refundable and dedicated solely to the EB-5 project.

New Commercial Enterprise (NCE) Establishment

Proof that the investment is being made into a legally formed business entity established after November 29, 1990 (or an existing business that meets specific qualifying criteria).

Required documentation often includes:

1. Articles of Incorporation/Organization.
2. Operating Agreement or Partnership Agreement.
3. Business licenses and permits.

Job Creation Evidence

A fundamental component is demonstrating that the investment will result in the creation or preservation of at least ten (10) full-time equivalent jobs for qualifying employees within two years of the immigrant visa issuance or adjustment of status.

For a new enterprise, USCIS requires a detailed, conservative job creation projection, often supported by an economic impact study prepared by an independent economist.

Direct vs. Indirect Jobs

The method of proving job creation depends on the structure of the NCE:

• Direct Employment: For wholly-owned NCEs, petitioners must show specific positions budgeted and ready for hiring.
• Indirect Employment: For investments made through Regional Centers, the economic impact study must project indirect and induced jobs based on established economic models, such as RIMS II.

Business Plan and Operational Documentation

The business plan serves as the roadmap, detailing how the investment will achieve its goals. It must be realistic and achievable.

Key elements of the business plan include:

Market Analysis Assessment of the industry, competition, and target market. Organizational Structure Details on management team and key personnel. Financial Projections Five-year projections for revenue, expenses, and profitability.

Ensure all financial projections align with the source of funds documentation and the capital deployment schedule.

Conclusion and Next Steps

Preparing the I-526 petition is a complex undertaking requiring meticulous documentation of capital sourcing, business formation, and job creation projections. Given the high scrutiny applied by USCIS, especially regarding the source and path of funds, it is strongly recommended that petitioners engage experienced legal counsel familiar with the nuances of 8 CFR § 204.8.

Once the petition is filed, the petitioner receives a receipt notice, and the case moves into the adjudication queue.