Foreign nationals file Form I-526, Immigrant Petition by Alien Entrepreneur, with USCIS, when they wish to immigrate to the U.S. through the EB-5 Program.
The Form I-526 filling stage can be very tedious. It often raises a lot of questions. Here are the answers to some of the most common EB-5 Form I-526 questions:
How can an investor find out if an EB-5 project is legitimate?
Investors can visit USCIS to see a list of all approved and terminated regional centers. USCIS does not endorse, guarantee compliance with U.S. securities laws, or minimize/eliminate the risk to the investor, by approving an EB-5 Regional Center application.
Investors must conduct their own due diligence before committing to an EB-5 project. They can consult with financial professionals and immigration attorneys to learn more about what to look for in a viable project.
How long does it take to receive a Form I-526 decision?
Processing times are continually changing. USCIS does provide a time chart here. Investors should be aware, however, that the particular circumstances of an individual EB-5 applicant's case can heavily impact how long the process takes. Incomplete applications can take longer if USCIS must issue a request for further evidence to the investor. Working with an experienced EB-5 immigration attorney can help reduce the likelihood of petition delays.
Once an investor's Form I-526 is approved, when can they move to the U.S.?
Once an investor has received Form I-526 approval and an immigrant visa is immediately available to them, they can apply for conditional permanent resident status in two ways.
If the investor is living abroad they can apply at a U.S. Department of State consulate in their home country for a visa. If an investor is already living in the U.S. they can apply for an adjustment of status for green card status.
Form I-526 approval does not guarantee an investor will receive a visa or be granted an adjustment of status.
Does an EB-5 investor have to live near their EB-5 project?
Investors are not required to live near their EB-5 projects. They can live anywhere in the U.S.
Can an investor apply for other visa categories while their EB-5 Form I-526 is being processed?
If eligible for other ways to immigrate to the U.S., investors may pursue those options while simultaneously waiting for EB-5 Form I-526 approval.
Can an investor appeal their I-526 Petition decision?
The decision notice that an investor will receive on their I-526 Petition will indicate whether or not an appeal can be filed.
If your question isn't listed above, send us a message or fill out our free EB-5 evaluation below.
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