US | USCIS Revises and Splits Form I-526 for the EB-5 Reform and Integrity Act of 2022

To accommodate the EB-5 Reform and Integrity Act of 2022, USCIS has issued a revised version of Form I-526, Immigrant Petition by Alien Entrepreneur.

Key Changes
  • Form I-526, Immigrant Petition by Standalone Investor, is for “standalone” immigrant investors who are not seeking to pool their investment with one or more additional investors seeking EB-5 classification.
  • Form I-526E, Immigrant Petition by Regional Center Investor, is for immigrant investors seeking to pool their investment with one or more additional investors seeking EB-5 classification who must now do so under the Regional Center Program.
    • Regional Center investors will also use Form I-526E to report any amendments needed to establish eligibility if the regional center, new commercial enterprise, or job-creating entity in which the investor has invested is terminated or debarred from participation in the Regional Center Program.

The filing fee for both forms is $3,675. Additionally, Form I-526E may require an additional $85 biometrics fee. From October 1, 2022, for Form I-526E, an additional $1,000 fee will be required under the EB-5 Reform and Integrity Act of 2022.

What to Expect
  • Applicants with properly filed Forms I-526 and I-526E will receive two separate receipt notices. The first notice will be from the USCIS Lockbox to acknowledge receipt of Form I-526 or I-526E. Then, USCIS will issue a formal receipt notice that includes the assigned receipt number for the application when data entry has been completed.
  • The priority date for the Forms I-526 and I-526E will be when USCIS Lockbox receives the petition.
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