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.

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Overview of Form I-526E: Your promise to fulfill the requirements of the EB-5 program

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.

Evidence to Accompany your Form I-526E Petition

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 full name, date of birth, nationality, mailing address, physical address for the past five (5) years, employment history, as well as information about the EB-5 investor’s spouse and children.

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 forEB-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.

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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 invest 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 FormI-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: TheEB-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:

• Foreign business registration records
• The investors’ tax returns filed within the last seven years in or outside the United States
• Evidence of other sources of capital.
• If the investment funds were gifted or borrowed, the EB-5 investor must submit evidence from the donor or, if other than a bank, the lender demonstrating that such funds were obtained through lawful means and that the funds were gifted or loaned in good faith and were not gifted or loaned to circumvent any limitations imposed on permissible sources of capital, including, but not limited to proceeds from illegal activity.

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I-526E Processing Time and Costs

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.

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How Peachtree Group Can Help

Navigating the EB-5 application process can be complex. Peachtree Group offers comprehensive support to investors throughout the I-526E petition process, including:

• ‍Consultation and Guidance: Provide expertadvice on qualifying investments and ensuring compliance with EB-5 regulations.‍
• Document Preparation: Assist in gatheringand preparing necessary documentation to support the EB-5 investor’s I-526E Petition.‍
• Tracking and Updates: Help monitor theprogress of the EB-5 investor’s petition and provide updates on any changes

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Frequently Asked Questions

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.

Additional Resources

For more information about the I-526E Form and the EB-5 Immigrant Investor Program, consider consulting the following resources:

• ‍USCIS Website: Access official forms, instructions, and updates on processing times.
• A Simple Guide to EB-5 Immigration by Investment‍
• Immigration Attorneys: Seek legal advice from professionals specializing in EB-5 cases. If you are not familiar with an immigration attorney, contact Peachtree Group, our team can give you contact information for several knowledgeable lawyers.‍
• Contact Peachtree Group: Contact Peachtree Group for guidance on specific investment opportunities and compliance requirements.
• Learn more about the Peachtree Advantage
• USCIS Form I-485 for EB5 investors Explained‍
• What is Form I-826 for EB-5?

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乔治亚州亚特兰大 — 桃树集团 （“Peachtree”）已获得负责监督 EB-5 移民投资者计划的政府机构美国公民及移民服务局（USCIS）的 I-956F 批准 万豪唐普雷斯套房酒店 位于加利福尼亚州帕姆代尔，目前正在建设中。

美国公民及移民服务局批准的 I-956F 标志着 Peachtree 持续努力通过 EB-5 计划促进投资机会的关键一步，该计划旨在促进美国的经济增长和创造就业机会。这是 Peachtree 获得批准的第二个酒店开发项目，此前其位于北卡罗来纳州布恩的希尔顿Home2 Suites开发项目获得了批准。

桃树EB-5执行副总裁亚当·格林说：“我们很高兴我们的棕榈谷项目获得移民局的批准。”“这一成就凸显了我们对提供高质量开发项目的持续承诺，以推动经济增长，为投资者和当地社区创造有意义的机会。”

帕姆代尔万豪TownePlace套房预计将成为首屈一指的长住酒店，提供满足商务和休闲旅客需求的现代化住宿和便利设施。该酒店计划于2025年春季完工。

“我们之所以专注于酒店开发，是因为事实证明，该行业具有极强的弹性，为应对经济挑战提供了灵活性和灵活性。由于新酒店供应有限，旅行需求激增，新资产有望跑赢大盘，尤其是在后COVID时代，强劲的基本面和市场动态创造了重大机遇。预计未来十年全球旅行支出将达到15.5万亿美元，超过通货膨胀，这进一步凸显了酒店业的长期潜力，使其成为极具吸引力的投资机会，” 格林说。

Peachtree于2023年启动了EB-5计划，这是支持全国创造就业机会的项目的重要融资工具。该公司仍然致力于通过扩大EB-5项目组合来提供高质量的投资和发展机会。

“与Home2 Suites一样，TownePlace Suites的开发项目包括大量的所有者股权投资。这种与我们的EB-5投资者的利益一致促进了共同的承诺，增强了人们对该项目成功的信心，并使所有利益相关者放心，” 格林补充说。

EB-5签证计划允许外国投资者获得绿卡，以换取对在美国创造就业机会的新商业企业进行大量投资。根据该计划，在美国为美国工人创造或保留至少10个全职工作岗位的项目中投资至少80万美元的外国人有资格申请永久居留权。

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关于桃树集团
桃树集团 是一家垂直整合的投资管理公司，专门发现和利用以商业房地产为支撑的混乱市场中的机会。如今，该公司通过收购、开发和贷款管理着数十亿美元的资本，并辅之以旨在保护、支持和增加其投资的服务。欲了解更多信息，请访问 www.peachtreegroup.com。

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Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status is filed by EB-5 investors to remove the conditions on their two (2) year green cards. The investors obtained the conditional green cards through their investment in a new commercial enterprise. Filing the Form I-829 is a crucial step in the EB-5 investor’s immigration process as once approved it allows the investors, along with their spouses and unmarried children under twenty-one (21), to achieve permanent residency in the United States. In this article, we explore the I-829 Form in detail, covering its purpose, eligibility requirements, necessary documents, filing timeline, common challenges, and practical tips for a successful submission.

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Overview of the I-829 Form

Due to the conditional nature of the EB-5 investors’ permanent resident status, between 21 – 24 months after receiving the conditional green card, the EB-5 investors have to file an I-829 EB5 Form with USCIS to remove the condition on their permanent resident status. The EB-5 investors provide documentation to demonstrate they fulfilled the program’s requirements, including proof they sustained their investment and created the required number of jobs. The I-829 form is the final step in the EB-5 investors’ immigration process, and once approved investors become unconditional permanent residents of the United States.

Conditions for Removing Conditional Status

To successfully remove the conditions on the green card, the following requirements must be met:

1. ‍Invested Capital: The EB-5 investor must show they have invested or are actively in the process of investing the required capital; and the capital was made available to the business(es) most closely responsible for job creation.‍
2. Sustained Investment: The EB-5 investors must show they have sustained their investment in the new commercial enterprise for two (2) years from the time their investment was made available to the entity most closely responsible for creating the jobs. ‍
3. Job Creation: The EB-5 investors must also show at least ten (10) full time positions for qualifying employees have been directly or indirectly created or will be created within a reasonable time. In the case of a troubled business, the EB-5 investors must submit evidence showing the number of existing employees were maintained at no less than the pre-investment level during the period of the EB-5 investors’ conditional permanent residence.

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Specific Information and Documents Required

When filing Form I-829, the EB-5 investor needs to provide a variety of documents to support their petition, including:

• ‍Investment Evidence: Proof that the EB-5 investors’ capital contribution has been invested and sustained which may include but is not limited to: financial statements, bank statement, contracts, federal or state income tax returns.‍
• Job Creation Documentation: The evidence needed to prove job creation is determined by the type of investment, direct or through a regional center.
  • The documentation for jobs created indirectly as a result of an investment in a regional center may include, but is not limited to: tax and financial statements, expenditure and revenue reports, construction draws, invoices and receipts, bank statements, quarterly reports etc. In addition, at the I-829 stage, an Economic Impact Report is generally commissioned to evaluate the actual number of jobs created from the construction and operation of the Project selected by the EB-5 investors. This report is generated based on the actual EB-5 eligible costs spent on the Project, as well as the actual revenue generated by the Project. This report is different than the initial Economic Impact Report provided to USCIS with the Form I-956F, Application for Approval of an Investment in a Commercial Enterprise filing as the inputs for calculating the jobs are no longer projections, but actual costs incurred during development of the Project and actual revenue generated during the second or third year of the Project’s operation.
  • The documentation of jobs created directly by the new commercial enterprise may include but is not limited to: payroll records, W-2s, employer’s quarterly federal tax returns, Forms I-9s, identification documents of the direct employees or any other evidence showing the required jobs were created or preserved.
• ‍Personal Information: Identification documents, such as copies of the applicant’s passport, green card, and any previous immigration documentation.

Timeline for Filing the I-829 Form

The I-829 form must be file within the 90-day period immediately before the second anniversary of the EB-5 investor’s admission as a conditional permanent resident. Filing early or late may result in complications or even the termination of the EB-5 investor’s conditional permanent resident status, so it is critical to adhere to this timeline.

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I-829 Processing Time

The processing time for Form I-829 is listed on USCIS website. During this period, USCIS reviews the I-829 petition, request additional evidence, if necessary, and eventually reach a decision. It is important to note that while the EB-5 investor’s I-829 petition is pending, the conditional permanent residency status is automatically extended for the period indicated on the EB-5 investor’s filing receipt. After filing the I-829 Petition, the EB-5 investor receives a filing receipt notice from USCIS, which should accompany their expired green card.

Common Challenges and Practical Tips

Filing Form I-829 can be complex, and applicants may face several challenges, including:

• ‍Incomplete or Inconsistent Documentation: Ensure that all required documents are complete, accurate, and consistent throughout the petition.‍
• Prove Job Creation: Demonstrating the investment has created or preserved ten full-time jobs can be challenging, especially in projects that face delays or other complications. The EB-5 investor who select to invest in one of Peachtree Group’s projects should be assured that all the project related documents necessary for their Form I-829 filing are collected, reviewed and assembled into an I-829 Template by Peachtree. The I-829 Template will be provided to our EB-5 investors well in advance of their 90-day filing window. ‍
• Meet the Filing Deadline: Missing the 90-day filing window jeopardizes the chances of removing the conditions on the green card.

Practical Tips for a Successful Submission

• ‍Start Early: EB-5 investor should begin gathering the necessary documentation well in advance of the filing deadline to ensure that everything is in order.‍
• Consult with Experts: EB-5investors should work with their immigration attorneys and consultants experienced in the EB-5 process to prepare their petition and provide guidance. If you don’t have an immigration attorney, Peachtree Group can recommend several that have collaborated with us in the past. ‍
• Double-Check All Information: Review form and documents for accuracy and consistency before these are submitted to USCIS.‍
• Stay Informed: Keep up to date with any changes in immigration laws or USCIS policies that could affect the petition.

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Frequently Asked Questions

What is the I-829 Form?

The I-829 Form is a petition filed by EB-5 investors to remove the conditions on their permanent resident status. It is the final step in the EB-5 process, allowing investors to obtain an unconditional green card if the EB-5 Program's requirements are met.

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How Do I Fill Out the I-829 Form?

To fill out the I-829 Form, the EB-5 investors must provide personal information, details about their investment, and evidence they have sustained the investment and created the required number of jobs. The I-829 Filing is a voluminous filing, containing numerous exhibits which generally include financial statements, tax returns and bank statements for numerous years, as well as constructions draws, expenditure reports, revenue repots and a job creation analysis, encompassing thousands of pages of supporting documents.

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Why Do You Need to Fill Out the I-829 Form?

Filling out the I-829 form is necessary to remove the conditions on the EB-5 investor’s green card. if this petition is not filed, the conditional resident status will expire, and the investor will lose the ability to become a permanent resident of the United States.

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What Happens After the I-829 Form is Approved?

Once the I-829 Form is approved, the EB-5 investor, their spouse, and their unmarried children under 21 become permanent resident of the United States of America. This status grants EB-5 investors many rights and privileges, including the ability to live and work in the United States, to own property, attend public school and colleges, and be protected by the laws of the United State and of the State where the EB-5 investors reside.

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Additional Resources

For more information about the I-829 Form and the EB-5 Immigrant Investor Program, consider consulting the following resources:

• ‍USCIS Website: Access official forms, instructions, and updates on processing times.
• A Simple Guide to EB-5 Immigration by Investment‍
• Immigration Attorneys: Seek legal advice from professionals specializing in EB-5 cases. If you are not familiar with an immigration attorney, contact Peachtree Group, our team can give you contact information for several knowledgeable lawyers.‍
• Contact Peachtree Group: Contact Peachtree Group for guidance on specific investment opportunities and compliance requirements.

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Taking the Next Steps with Peachtree

Begin your journey to U.S. residency with an EB-5 investment.

Pass Along Your Contact Information

Take a moment to fill out the contact form on our website.

当我们获得您的信息后，我们的一位投资者关系经理将与您联系。

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