For high-net-worth individuals looking to invest to USA, the EB-5 program represents the gold standard of immigration pathways. However, the process begins with a complex, critical document.
Here is the direct answer: Form I-526 (Immigrant Petition by Standalone Investor) is the official request filed with the U.S. Citizenship and Immigration Services (USCIS). It demonstrates that a foreign investor has invested, or is actively in the process of investing, required capital into a new commercial enterprise that will create full-time employment for U.S. workers.
The Purpose of Form I-526
The Form I-526 acts as the “burden of proof” for your entire immigration journey. Under the Immigration and Nationality Act (INA) § 203(b)(5), this petition validates three specific things to the U.S. government:
- You have invested the requisite capital.
- That capital is “at risk” (committed to the market, not just sitting in a bank).
- The investment will generate at least 10 full-time jobs for American workers.
- The capital was obtained through lawful means.
Note: Following the Reform and Integrity Act (RIA), standalone investors use Form I-526, while Regional Center investors must use Form I-526E.
Core Requirements for Form I-526 Approval
To secure an approval from USCIS, your petition must build three “pillars” of evidence.
1. Qualified Capital Investment
You must prove that your funds have been irrevocably committed to the commercial enterprise. As of 2026, the investment thresholds are:
- $800,000 for investments in Targeted Employment Areas (TEAs)—these are rural areas or locations with high unemployment.
- $1,050,000 for standard investments in non-TEA regions.
2. Lawful Source of Funds (SOF)
This is often the most scrutinized aspect of the EB-5 Green Card process. USCIS requires a “clean” path of funds. Whether the money comes from business profits, property sales, or a gift, you must document every step of the transaction trail to prove no illicit activity was involved.
Don’t Overlook the “Path of Funds”: Proving you earned the money legally is not enough. You must also prove how that money moved from your account in your home country to the U.S. escrow account. Missing a single bank transfer slip can lead to a Request for Evidence (RFE).
3. Job Creation
For standalone investors (Direct EB-5), you must submit a comprehensive business plan showing how your entity will directly hire 10 full-time (35+ hours/week) W-2 employees within two years.
Direct Investment (I-526) vs. Regional Center (I-526E)
Choosing between a direct investment and a Regional Center is the first strategic decision an investor makes. This choice dictates which form you file.
| Feature | Direct Investment (Active) | Regional Center (Passive) |
|---|---|---|
| Target Investor | Entrepreneurs who want to manage their own business. | Investors seeking a “hands-off” approach. |
| Required Form | Form I-526 | Form I-526E |
| Management Role | Daily active management required. | Limited partner (policy formulation only). |
| Job Creation | Must prove W-2 employees. | Can count direct, indirect, and induced jobs. |
2026 Filing Fees and Costs
The current filing fee for Form I-526 is $3,675. This fee is paid directly to the Department of Homeland Security. Note that this covers only the petition filing; it does not include legal fees, administrative fees charged by Regional Centers, or the integrity fund fees associated with I-526E filings.
What Happens After I-526 Approval?
Receiving Form I-797 (Notice of Action) confirming approval is a major milestone. It validates your eligibility for an EB-5 Green Card. The next steps depend on your location:
- Consular Processing: If you are abroad, you will file Form DS-260 and attend an interview at the U.S. Consulate or Embassy.
- Adjustment of Status: If you are already in the U.S. on a valid non-immigrant visa (like H-1B or E-2), you may file Form I-485 to adjust your status without leaving the country.
In both scenarios, the result is a Conditional Green Card valid for two years. To make this permanent, you must file Form I-829 at the end of that period to prove the jobs were created and sustained.
While timelines vary by USCIS caseload, the average processing time currently ranges between 24 and 50 months. However, projects in Rural Areas (TEA) are eligible for priority processing, which can significantly reduce this wait time.
This depends entirely on your subscription agreement or escrow terms. Reputable projects usually include a “denial refund guaranty” for the principal capital (minus admin fees). Always have an attorney review this clause before signing.
Yes, thanks to Concurrent Filing. If you are legally present in the U.S. and your visa category is “current,” you can file Form I-485 (Adjustment of Status) alongside your I-526. This allows you to obtain work authorization (EAD) and travel permits while waiting for the I-526 approval.
Yes, provided the loan is secured by your personal assets and you can demonstrate the lawful source of the collateral used to secure the loan.
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