Filling the I-526 Form
I-526 is one of the first forms you will fill as part of applying for an EB-5 visa. It is your actual application form for the visa. The form is pretty detailed and thorough, and could scare a lot of applicants, may also confuse them.
In order to be eligible to fill an I-526, one needs to create a new business, purchase an existing business with an aim to restructure and reorganize it or expand an existing business with a substantial change in net worth, number of employees, etc. You need to be in a managerial or policy-making position and should be the one making the investment, in a way that would benefit the American economy while creating employment opportunities for at least 10 American citizens, permanent residents or other eligible persons who are not related to you any way. Once you meet these criteria, you are eligible to file the I-526.
The I-526 form needs to be filled legibly in black ink only. Do not extend the information filled beyond the space but if you have to, attach a separate sheet mentioning the applicant name and alien registration number on top of the sheet, but do not create a mess in the form. Answer all questions correctly and completely, but if there is no answer, leave it blank.
You would require to submit the following proofs along with the form in order to proceed with your application for the EB-5 visa –
- Evidence of establishment of a lawful business in the United States.
- Evidence of establishment in targeted employment area, if required
- Evidence of having made the investment or the investment being in process
- Proof of sources of investment and their legitimacy
- Proof of job creation projections for the United States citizens, etc.
- Proof of your position in the venture, stating you are in a managerial or a policy-making position at the venture
The general application fee for filing the I-526 is $1,500, payable by a check or a money order, payable to the U. S. Department of Homeland Security (do not use abbreviations). The filled form and the fee needs to be filed at the USCIS National Customer Service Center.
First the application is accepted if everything is properly filled, and the payment is cleared, if anything is missing, the application gets rejected here itself. Once accepted, the initial processing takes place where the form is checked for completeness of the information filled, along with the evidences checking the eligibility. After that, more information could be asked for or an interview could be requested. The original proofs submitted would be returned once they are no longer required. Once all the verifications are complete, checks are done and authenticated to satisfaction; the application could be approved, otherwise denied. However, approval of the I-526 only establishes eligibility for getting an EB-5, it does not guarantee an EB-5 visa or receipt of the same.
Filling in incorrect information or falsifying or concealing information could lead to serious penalties and criminal prosecution.