Filing Form I-526 (Immigrant Petition by Alien Investor) – Solana Immigration

Form I-526, Immigrant Petition by Alien Investor, is the first step for foreign investors seeking a U.S. Green Card through the EB-5 Visa program. It is used to demonstrate that the investor has met the program’s requirements, including making a qualifying investment in a U.S. commercial enterprise and creating or preserving at least 10 full-time jobs for U.S. workers.

Detailed Instructions on Completing Form I-526

1. Complete the Basic Information Section

Part 1 – Information About You (the Petitioner)
- Full Name: Enter your full legal name as it appears on your passport.
- Date of Birth: Use the format MM/DD/YYYY.
- Country of Birth and Citizenship: Specify your country of birth and nationality.
- Mailing Address: Provide your complete mailing address for correspondence.
- Contact Information: Include your phone number and email address.

2. Provide Information About Your Investment

Part 2 – Information About Your Investment
- Type of Commercial Enterprise:
  - Indicate if your investment is in a Regional Center or a Direct Investment.
- Amount of Investment:
  - Specify the total investment amount (e.g., $800,000 for a Targeted Employment Area (TEA) or $1,050,000 for non-TEA).
- Source of Funds:
  - Provide a brief summary of the source of your investment funds (e.g., salary, business profits, property sale).

3. Business Information

Part 3 – Information About the Commercial Enterprise
- Business Name: Provide the full legal name of the business you are investing in.
- Business Address: Enter the complete address of the commercial enterprise.
- Type of Business: Describe the nature of the business (e.g., hotel, restaurant, technology startup).
- Business Plan: Attach a detailed business plan demonstrating how your investment will create or preserve at least 10 full-time jobs.

4. Job Creation Evidence

Part 4 – Job Creation Information
- Employment Plan: Specify how your investment will create or maintain at least 10 full-time jobs for U.S. workers.
- Regional Center Projects:
  - If investing in a Regional Center, provide evidence that the project has been approved by USCIS.
- Direct Investment:
  - Provide a staffing plan with a timeline for job creation.

5. Financial Documentation

Part 5 – Source of Funds Documentation
- Legal Source of Funds:
  - Attach detailed documentation proving the lawful source of your funds. This may include:
    - Tax returns for the past 5 years.
    - Proof of income (salary, dividends, business profits).
    - Sale agreements (property, stocks, business).
    - Gift letters (if funds were gifted).
- Path of Funds:
  - Provide a clear and traceable record of how the funds were transferred from the source to the U.S. investment.

6. Sign and Date the Form

Part 6 – Certification and Signature
- Review the entire form for accuracy.
- Sign and date the form. Unsigned forms will be rejected.
- If an attorney or accredited representative is preparing the form on your behalf, they must complete and sign Part 7.

Checklist of Required Documentation for Successful Submission

To ensure your Form I-526 is complete and properly supported, include the following documents:

1. Identity Documentation

A copy of your valid passport (biographical page).
Passport-sized photographs (if required by USCIS).

2. Evidence of Investment

Proof of your total investment amount (e.g., wire transfer receipts, bank statements).
Subscription agreement or other investment agreement with the Regional Center or business.

3. Source of Funds Documentation

Tax returns for the past 5 years (personal and/or business).
Salary statements or business income records.
Sale agreements for any assets sold to generate funds.
Gift letters (if funds were received as a gift), along with proof of the donor’s source of funds.

4. Path of Funds Documentation

Bank transfer records showing the movement of funds from your account to the U.S. investment account.
Escrow account documentation (if funds were transferred to an escrow account).

5. Business Documentation (Commercial Enterprise)

Business Plan: Detailed plan explaining how the business will operate and create jobs.
Regional Center Approval Letter (if investing in a Regional Center project).
Job creation evidence (staffing plan, payroll projections).
Organizational documents (Articles of Incorporation, Operating Agreement, Bylaws).

6. Other Supporting Documents

Attorney Form G-28 (if represented by an attorney).
Any other evidence requested by USCIS in the I-526 instructions.

7. Filing Fee

Verify the current Form I-526 filing fee on the USCIS website.
Attach a check or money order for the correct fee, payable to “U.S. Department of Homeland Security.”

8. Submission Address

Verify the correct USCIS filing address for Form I-526 on the USCIS website.
Use a secure, trackable delivery method (e.g., FedEx, UPS, USPS with tracking).