I526

Form I-526, Petition for Alien Entrepreneur, is a United States Citizenship and Immigration Services (USCIS) form used by foreign nationals seeking to obtain lawful permanent residence through the EB-5 immigrant investor program. The petitioner must invest or be actively in the process of investing a substantial amount of capital in a new commercial enterprise in the United States that will create or preserve at least 10 full-time jobs for qualifying U.S. workers. Investments may be made directly or through a designated regional center; regional center projects often permit counting indirect and induced jobs.

The funds must be obtained through lawful means and must be traceable to the investor. The business plan, source of funds, and evidence of the investment are evaluated in the petition. The enterprise can be a new business or an existing one that is being restructured and expanded to meet EB-5 requirements.

USCIS adjudicates I-526 petitions. Approval allows the applicant to pursue an immigrant visa abroad (consular processing) or, if physically present in the United States, to seek adjustment of status to conditional permanent resident. Conditional permanent resident status lasts two years. Before the second anniversary, the investor must file Form I-829 to remove conditions on residence, demonstrating that the investment was sustained and that job-creation requirements were met.

Investment thresholds and targeted employment area (TEA) rules are subject to change by law and regulatory updates. In practice, the required investment is typically described as a substantial amount with a lower threshold for TEAs, though exact figures vary over time. Denials commonly arise from insufficient evidence of funds, improper source of funds, or failure to meet job-creation requirements. See also EB-5 Immigrant Investor Program; I-829.