What Is Form I-526E?

Form I-526E is filed by the individual investor, not the regional center or the project. It is filed with USCIS, typically through the investor's immigration attorney. The petition can be filed from within the United States or from abroad.

Eligible filers must demonstrate that they have invested or are actively in the process of investing the required capital amount in a new commercial enterprise associated with an approved regional center. The regional center and the project entity must both hold valid USCIS designations at the time of filing.

After the RIA, direct investors (those not using a regional center) file Form I-526 instead of I-526E. The two forms have different requirements and processing tracks.

The minimum qualifying investment depends on whether the project is located in a Targeted Employment Area (TEA). TEA investments (Rural, High-Unemployment, Infrastructure) require a minimum of $800,000. Non-TEA (Standard) investments require $1,050,000.

These amounts are subject to adjustment. The statute requires USCIS to recalculate the investment thresholds every five years based on the Consumer Price Index for All Urban Consumers (CPI-U). The first adjustment is projected to take effect on or after January 1, 2027.

Each I-526E petition must demonstrate that the investment will create at least 10 full-time positions for qualifying U.S. workers. For regional center investments, these jobs may be counted using an economic methodology (typically an input-output model such as RIMS II or IMPLAN) that projects indirect and induced job creation, in addition to direct jobs.

Job creation must occur within a reasonable period, which USCIS generally interprets as within two and a half years from the date the investor obtains conditional permanent residence.

The investor must establish that the invested capital was obtained through lawful means. USCIS applies a "preponderance of the evidence" standard, meaning the investor must show it is more likely than not that the funds are legitimate.

Acceptable sources include employment income and savings, business ownership and dividends, property sales, secured loans, inheritance, gifts, and investment returns. Each source type requires specific documentation.

Common documentation includes tax returns (domestic and foreign), pay stubs or employment contracts, business financial statements, property sale records, loan agreements, gift letters with donor financial documentation, and bank statements showing the path of funds from source to escrow.

The full investment amount must be placed "at risk" for the purpose of generating a return. USCIS requires that the investor not be guaranteed a return of their capital. Redemption agreements, guaranteed buybacks, or other arrangements that eliminate risk may result in a denial.

The capital must be committed to the new commercial enterprise. Funds held in escrow that are refundable upon petition denial are generally acceptable, but the petition must demonstrate that the investment is subject to loss if the business fails.

USCIS publishes processing time ranges for Form I-526E on its Processing Times page. These ranges represent the time between USCIS receiving the petition (receipt date) and issuing a decision (approval, denial, or RFE).

Key factors that affect processing time include whether the petition involves a previously approved project, whether the regional center and project have an approved Form I-956F, the complexity of the source of funds documentation, and the investor's country of birth.

Source of funds gaps: Incomplete documentation tracing the path of funds from lawful origin to the new commercial enterprise is the most frequently cited RFE issue. USCIS expects a continuous, documented chain showing how the investor earned, saved, or otherwise obtained the capital.

Job creation methodology: Economic models that use outdated multipliers, incorrect geographic scope, or unsupported assumptions about project expenditures can trigger RFEs or denials.

TEA designation issues: Particularly for high-unemployment area designations, USCIS may question whether the geographic area was properly defined or whether the unemployment data supports the designation.

Regional center or project compliance: If the regional center's designation is terminated or the Form I-956F project approval is revoked during adjudication, the I-526E petition will be denied.

An approved I-526E petition is not a green card. It establishes that the investor meets the substantive requirements for EB-5 classification. The next step depends on whether the investor is in the United States or abroad.

If in the U.S. and a visa number is available, the investor may file Form I-485. If filed concurrently with or after I-526E approval, the investor may also file Form I-765 (work authorization) and Form I-131 (advance parole).

If abroad or if a visa number is not available, the petition is forwarded to the National Visa Center (NVC) for consular processing. Upon approval of I-485 or issuance of an immigrant visa, the investor receives conditional permanent residence for two years.