USCIS Announces Revised Forms for Immigrant Investor Program

The United States Citizenship and Immigration Services (USCIS) is introducing modifications to Form I-526, Immigrant Petition by Alien Entrepreneur, in alignment with the EB-5 Reform and Integrity Act of 2022. This Act brings substantial changes to both the filing and eligibility criteria for investors participating in the EB-5 program. Consequently, Form I-526 will be bifurcated into two distinct versions: Form I-526, Immigrant Petition by Standalone Investor, and Form I-526E, Immigrant Petition by Regional Center Investor.

Key Changes:

  • Form I-526: Primarily for standalone immigrant investors not pooling investments with others seeking EB-5 classification. This form closely resembles the previous edition of Form I-526.
  • Form I-526E: Designed for immigrant investors pooling investments with one or more others under the new regional center program. It reflects elements of this program, including referencing evidence from a regional center’s Form I-956F.

By statutory requirement, filing Form I-526E is contingent upon the regional center first submitting Form I-956F for the specific investment offering through the associated commercial enterprise. Investors can then file their Form I-526E based on the receipt notice confirming the regional center’s Form I-956F filing.

Commencing July 12, 2022, all submissions of Forms I-526 and I-526E must adhere to the updated program requirements. The filing fee for each form is $3,675. Further details on filing fees and biometric fees can be found on the respective forms pages.

These adjustments aim to streamline the immigration process for investors and enhance the efficiency of the EB-5 program. For more information and to access the revised forms, please visit the USCIS website.

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