EB-5 Form I-526 Petition For Alien Entrepreneur Evidence

The Form I-526 Petition is for alien entrepreneurs who desire to immigrate to the U.S.

Upon approval of Form I-526 Petition for an Alien Entrepreneur, an EB-5 investor would obtain an EB-5 visa for admission to the United States and conditional permanent residency.

In order to receive USCIS approval of Form I-526 Petition, an EB-5 investor must present the following supporting documents for evidence.

For a new commercial enterprise an EB-5 investor must present evidence that they have invested in a "for profit" commercial enterprise.

  • It must be established after Nov. 29, 1990, or
  • If it was established prior to Nov. 29, 1990 then it must either be:
  1. An existing business that is restructured or reorganized in a such a way that a completely new commercial enterprise results, or
  2. The business must be expanded through investments and a 40% increase in net worth or number of employees results
  • If the EB-5 investor invests in a targeted employment area, TEA, then evidence must be provided to show that it has been established and principally doing business in that TEA location.

For the Form I-526 Petition, the EB-5 investor must present evidence of their management of the new commercial enterprise.

  • The EB-5 investor must show evidence that they will either be actively involved in the day to day management and activities of the new commercial enterprise, or
  • The EB-5 investor must show that they will be involved through policy creation

The EB-5 investor must provide evidence of the investment.

  • The EB-5 investor must either show that they have investor the requisite amount of capital, or
  • They must show that they are in the process of investing the required amount of capital
  • The EB-5 investor must also show that the capital used for investment was obtained through lawful means. This can be demonstrated by providing evidence of:
  1. Foreign business registration records, tax returns, records of all pending civil or criminal actions, and any documents identifying the sources of other money

For the Form I-526 Petition to be approved, EB-5 investors must show evidence of job creation. Each EB-5 applicant investing in a new commercial enterprise must create 10 full-time direct jobs and these jobs cannot include them, their family, or individuals unauthorized to work in the U.S.

  • The EB-5 investor must present a comprehensive business plan that shows, based on the project's size and nature, that it will create the minimum required number of jobs and within 2 years. The business plan will provide approximate dates of hiring.
  • For the Regional Center Program, EB-5 investors can show direct, indirect, and induced job creation. According to USCIS websites, an EB-5 investor must show that their investment was "made in accordance with the regional center's business plan in order to be credited with the creation of indirect jobs."

For troubled businesses, EB-5 investors can present evidence of job preservation. Basically, EB-5 investors will provide the same types of evidence as if the business created 10 jobs, but instead, they show that they saved 10 jobs.

  • By providing tax records, Form 1-9s, and business plans, an EB-5 investor can show that the jobs will be maintained and preserved at no less that the pre-investment level.  

 

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