Form I-526E, also known as the "Immigrant Petition by Regional Center Investor," is the first petition filed by a foreign investor seeking to secure U.S. permanent residence through an investment in a new commercial enterprise associated with a USCIS-designated regional center. This blog post will provide a guide to Form I-526E, including an overview, documentation required for filing the petition, instructions for completion, costs, processing times, and how Peachtree Group can assist you throughout the application process. This is slightly different than a I-526 form, which is an "Immigrant Petition by Standalone Investor." You can read more here about the two different forms.
The I-526E form is the initial petition filed by an individual seeking an EB-5 visa. This form is submitted to the U.S. Citizenship and Immigration Services (USCIS) and is designed to demonstrate the applicant has made or is actively in the process of making a qualifying investment in a new commercial enterprise (“NCE”) associated with a USCIS-designated regional center, which will benefit the U.S. economy by creating ten (10) full-time jobs for U.S. workers. Approval of the I-526E petition is a crucial step in obtaining an EB-5 visa, which grants the investor and their immediate family members conditional U.S. permanent residency.
In short, Form I-526E is your promise to fulfill the requirements of the EB-5 program.
Given the complexity of the Form I-526E application, we advise our EB-5 investors to engage immigration attorneys with EB-5 experience to assist them with the preparation and filing of their I-526E Petition.
Filling out Form I-526E involves several steps, each requiring careful attention to detail. Generally, these steps are done by the EB-5 investor’s immigration attorney. Using the latest version of Form I-526E from the USCIS website, attorneys need the investors to provide personal details, including:
The Form I-526E also requires information about the Regional Center and the project application. Peachtree Group provides that information as part of the I-526E Template prepared for EB-5 investors in each of our projects.
Form I-526E also asks for information about the investment. EB-5 investors provide details about the investment amount, the composition of their investment and the source of the invested funds. The EB-5 investors must submit documentation proving the investment funds have been lawfully obtained. In addition, Form I-526E asks for information about visa processing, immigration proceedings, as well as bonafides of persons involved with the Regional Center Program.
Unlike the I-526 Petitions filed before the EB-5 Reform and Integrity Act of 2022 (“RIA”), when the petitions included the offering documents, project related documents and the investor specific documents, I-526E Petitions filed post RIA are mainly comprised of documentation of the EB-5 investors’ lawful source of capital.
The typical documents filed with Form I-526E Petition includes:
1. Investment in a USCIS-designated Regional Center: Post RIA, Regional Centers must file a Form I-956F, Application for Approval of an Investment in a Commercial Enterprise before any EB-5 investors can file their Form I-526E Petitions. As evidence of an investment in a new commercial enterprise for which the Regional Center has filed a Form I-956F, the EB-5 investors should provide a copy of the Receipt Notice or the Approval Notice received from USCIS for the Form I-956F filing. Peachtree Group is providing the Receipt Notice or Approval Notice as part of the I-526E Template petition prepared for the EB-5 investors in each of our projects.
With the Form I-956F filing, Peachtree, through the Regional Center, provides USCIS the full package of the offering documents, the business plan, economic impact report, Regional Center designation letter, as well as numerous other project related documents.
Please note: USCIS specifically asked during one of their engagements not to resubmit the documents filed with the I-956F, but to include the Receipt Notice with the investor’s Form I-526E Petition.
In addition, in Part 4, Information About Your Regional Center and Project Application of the Form I-526E, the EB-5 investors are supposed to provide specific information about the filed Form I-956F, the Regional Center, the NCE and the project, which allows USCIS to associate their I-526E filing with the Form I-956F filed for the project they selected for their EB-5 investment. Peachtree is also provides this information with the Sample Form I-526E, part of the I-526E Template petition.
2. Investment: The EB-5 investors must provide evidence they have invested or are actively in the process of investing the required amount of capital. The EB-5 investors must invest $1,050,000 or $800,000 if the investment is made in a project located in a rural or high unemployment targeted employment area (“TEA”) or an infrastructure project.
The NCE is a for-profit organization formed in the United States after November 29, 1990 for the ongoing conduct of lawful business that receives, or is established to receive, capital investment from immigrant investors. Such evidence may include but is not limited to, copies of wires, bank statements showing amounts deposited into the separate account established for the NCE, evidence of monies transferred or committed to be transferred to the NCE in exchange for shares of stock that cannot be redeemed at the holder’s request, or any loan or mortgage agreement, promissory note, security agreement, or other evidence of borrowing that is secured by assets owned by the EB-5 investors (other than those of the NCE) and for which the EB-5 investors is personally and primarily liable.
3. Lawful Capital: The EB-5 investors must provide evidence the capital they have invested or are actively in the process of investing, as well as any funds used to pay administrative costs and fees, were obtained through lawful means.
Such evidence may include but is not limited to:
I-526E Processing Time: At the time of this publishing, USCIS has yet to publish their processing time for the new Form I-526E. Invest in the USA (“IIUSA”), the industry trade association for the EB-5 Regional Center Programs, has recently published an analysis of data collected from the EB-5 industry and concluded that the I-526E Petitions associated with a project located in a rural TEA were approved in 10 months on average, with a normal range of 6 to 15 months, while I-526E Petitions associated with a project located in a high-unemployment TEA were approved in approximately 14 months on average, with normal range of 11 to 16 months.
Cost: As of November 2024, the I-526E filing fee is $11,160. If the EB-5 investors are filing their initial Form I-526E on or after October 1, 2022, they must include a separate fee of $1,000 as required by RIA. Be sure to check the USCIS website for the most up to date fee information.
Navigating the EB-5 application process can be complex. Peachtree Group offers comprehensive support to investors throughout the I-526E petition process, including:
What is the I-526E Form?
Form I-526E is an application used by foreign nationals pooling their investment with one or more qualified immigrants participating in the Regional Center Program to petition for an EB-5 visa. It demonstrates that the investor has made or is in the process of making a qualifying investment in a new commercial enterprise and meets the program’s requirements for obtaining conditional U.S. permanent residency.
What Do I Need to Fill Out an I-526E?
EB-5 investors must provide personal identification information, details about the investment amount and enterprise, evidence of the lawful source of investment funds.
What Happens After the I-526E Form is Approved?
Once Form I-526E is approved, the next step is consular processing or adjustment of status. If you are outside the U.S., you will attend a visa interview at a U.S. embassy or consulate.
If you are already in the U.S., you can concurrently file for adjustment of status with your Form I-536E Petition. After obtaining an EB-5 visa, you and your immediate family members can become conditional permanent residents, with the conditions removed upon proving that the investment has met the program requirements.
By understanding the Form I-526E Petition, you will be well-prepared to start navigating the EB-5 application process successfully. If you need assistance, Peachtree Group is here to provide expert support and ensure your application is filed accurately and efficiently.
For more information about the I-526E Form and the EB-5 Immigrant Investor Program, consider consulting the following resources:
At a recent panel discussion at the IIUSA East Asia Conference titled “The Impact of President Trump’s Immigration Policies on the EB-5 Regional Center Program,” Adam Greene, Executive Vice President of EB-5 at Peachtree Group, offered a clear and reassuring perspective for investors and industry professionals navigating the evolving U.S. immigration environment.
Greene, who also serves as Secretary and Treasurer of IIUSA, began by emphasizing Peachtree’s track record as a leading private equity real estate firm with a history of over $12 billion in transactions and 800 investments across the U.S. He noted that Peachtree entered the EB-5 market to bring institutional discipline, transparency, and security to investors—focusing exclusively on senior secured debt positions that prioritize capital protection while driving U.S. job creation.
Discussing the Trump Administration’s new “Gold Card” program, Greene reminded the audience that it remains an idea, not an implemented program. “The Gold Card doesn’t exist today,” he said, explaining that even if enacted, it would need to operate within the framework of existing U.S. immigration laws. Importantly for EB-5, those laws require investment in a for-profit enterprise that creates American jobs—making it unlikely the Gold Card could directly substitute or compete with EB-5. “EB-5 exists today and is backed by established law,” Greene added. “The Gold Card does not.”
Greene positioned EB-5 as the form of legal immigration that fits squarely within the Trump Administration’s priorities. “EB-5 is exactly the kind of immigration that makes sense in the ‘America First’ world—it’s legal, it’s job-creating, and it’s self-funding,” he explained. With the perception that illegal immigration is increasingly under control, he said the political focus is turning toward immigration that strengthens the U.S. economy.
He also highlighted IIUSA’s ongoing advocacy in Washington, D.C., which has helped lawmakers better understand EB-5’s impact on American job creation and development. “When we meet with congressional offices now, they no longer ask, ‘What is EB-5?’” Greene said. “They know it’s a program that works and creates results.”
In closing, Greene urged agents and investors alike to focus on working with credible partners who combine experience with integrity. “Track record matters,” he said. “What ultimately protects investors are good people and sound structures.”
As immigration policy evolves, Greene’s message was consistent and confident: EB-5 remains a proven, law-backed path to U.S. residency that continues to deliver value for investors and communities alike.
The new Trump Gold Card program was implemented by White House Executive Order (the ”EO”) on Friday, September 19, and further publicized on the Trump Card website (www.trumpcard.gov) after several months of preparation.
The Gold program offers a pathway to U.S. residency distinct from the EB-5 visa. Instead of requiring investment in a job-creating project which applicants can receive back within a few years, individuals can qualify by making a $1 million contribution (or $2 million if sponsored by a company), which they never get back.
Unlike EB-5, which is tied to new job creation and regional center investments, the Gold Card is tied to existing EB-1 or EB-2 categories, which also have quota limits like EB-5, and have existing backlogs. The Gold Card does not provide favorable tax treatment, and applicants must pay an additional processing fee and undergo extra vetting. It is also unclear whether derivative family members are included under a single $1 million contribution or if each must contribute separately.
The bottom line: people considering immigrating to the U.S. based on the EB-5 immigrant investor visa should apply now.
Trump's executive order requires the government to implement the Gold Card within 90 days of publication, so by December 18, 2025. While the EO includes an obscure mention that the government will “Consider expanding the Gold Card program to visa applicants under EB-5", it remains unclear how this could happen by executive order rather than by passage of legislation by Congress. Current law provides that any EB-5 petitioner submitting their petition before September 30, 2026 will be adjudicated under existing rules.
The most conservative approach for those considering EB-5 would be to apply before the December 18, 2025 deadline for Gold Card implementation.
The Trump Card website also refers to a Platinum card as “coming soon”, which would require a $5 million contribution, and offer recipients exemption from US income taxes on non-U.S. income and allow recipients to spend up to 270 days in the US. Note that the Platinum Card has not yet been implemented.
If you are considering the EB-5 immigration by investment visa, Contact Peachtree Group to learn more about the process.
As Chair of the EB-5 Investor Team at Klasko Immigration Law Partners, my team is frequently retained to handle complex investor cases, review filings prepared by other firms, and respond to USCIS challenges. I’ve guided hundreds of investors through the EB-5 process, including the often nerve-wracking step: the visa interview.
I also know the immigration journey on a personal level. As an immigrant myself, I understand how overwhelming the process can feel—not just for the applicant, but for their entire family. That’s why I want to demystify the EB-5 visa interview for you. With preparation and the right mindset, this step should feel like a confirmation of the hard work you’ve already done, not a stumbling block.
We’re going to limit discussions to interviews at the U.S. consulates overseas, as currently, the U.S. Citizenship and Immigration Service does not routinely interview EB-5 based adjustment applicants.
Where the Interview Fits in the EB-5 Process
For those going through consular processing, the EB-5 interview occurs only after your I-526 petition has been approved and you’ve submitted the DS-260 immigrant visa application. The National Visa Center schedules the interview at the U.S. embassy or consulate in your home country or country of residence
It’s important to remember that this is not a job interview, nor is it an exam designed to test your knowledge of immigration law. The officer’s role is simply to confirm the information you have already provided and ensure your eligibility for permanent residency.
Questions You May Be Asked
During the interview, the consular officer will verify your identity, confirm the lawful source of your investment funds, review your and your dependents’ eligibility, and ask questions about the project you invested in. Although every interview is unique, there are common themes. You may be asked about your personal and professional background, immigration history, your reasons for choosing a particular EB-5 project, how you earned or obtained your investment capital. Dependents are usually not asked questions about the EB-5 investment.
I always tell clients to answer questions directly and concisely. Long, overly detailed answers often create confusion or invite unnecessary follow-ups. At the same time, avoid rehearsing your answers so heavily that they sound scripted. Officers can usually tell when someone is reciting memorized lines, and it can come across as disingenuous. Instead, know your story and speak naturally.
What to Bring to the Interview
Being organized is critical. Missing or disorganized paperwork can create delays. You will need passports for all family members, your DS-260 confirmation page, the interview appointment letter, original or certified civil documents with translations where required, your I-526 approval notice and, depending on the consulate, proof of both your investment and the lawful source of your funds.
If you rescheduled your interview, it’s important to ensure your police clearance letters and medicals are still valid at the time of the interview. Note: Applicants can only schedule a medical exam once the interview has been scheduled.
Mistakes That Can Cause Problems
The most common issues I see at interviews are inconsistencies between what is said and what was included in previous filings, including the I-526 petition; vague or confusing explanations about the source of funds; missing documents, and unfamiliarity with the chosen project.
These mistakes are easily avoidable. The key is to know your case, review your documentation, and be ready to explain your answers in plain language.
The Value of Preparation with Counsel
While it is possible to prepare on your own, many investors find reassurance in conducting an interview prep with their attorney. I often hold these sessions with clients, going over the types of questions that can be asked.
This preparation not only builds confidence but also helps investors practice speaking naturally rather than reciting memorized responses. It also ensures dependents are ready for their interview.
After the Interview
There are three typical outcomes.
A Practical Checklist
At the end of the day, good preparation comes down to being organized and informed. Here is a high-level checklist of things to bring that I recommend to my clients.
The above is not a comprehensive list nor is it meant to be legal advice. As each person’s personal and immigration history is different, there may be additional documents and additional information which need to be provided for this process. The EB-5 interview should not be seen as a barrier but as the final confirmation of your journey toward U.S. residency.
In my experience, investors who approach the interview with clarity, organization, and calm confidence find it to be a surprisingly straightforward step. Prepare carefully, ensure your medical exam and police certificates are current, and remember that the officer is there to verify your eligibility. With the right preparation, you can walk into your interview assured and walk out one step closer to achieving your immigration goals.
About the Author
Anusree (Anu) Nair is a Partner at Klasko Immigration Law Partners in Philadelphia and Chair of the firm’s EB-5 Investor Team. She leads a dedicated group of attorneys who assist investors in securing U.S. residency through EB-5regional center and direct investments. Recognized nationally for her command of investor-related immigration issues, she is frequently called upon to review complex EB-5 cases and respond to Notices of Intent to Deny (NOIDs). Anu also leads the EB-1/O-1 team, assisting highly skilled professionals in science medicine, and the arts. As an immigrant herself, Anu brings both professional expertise and personal understanding to her work helping clients achieve their immigration dreams.
EB5 Visa Interview Guide
Preparing for Your EB-5 Visa Interview: A Complete Guide
