Form I-526 Instructions for Standalone EB-5 Investor Petition (01/20/25)

(UNITED STATES) This guide helps you decide, quickly and clearly, if you qualify to file Form I-526, Immigrant Petition by Standalone Investor, with USCIS. It explains who can file, what evidence you need, what can get you denied, and what to do if you’re not eligible yet.

Quick “Yes/No” Checklist for a Standalone Investor

You likely qualify to file Form I-526 if you can answer “Yes” to all of the following:

• Are you a standalone investor (not pooling funds with other EB‑5 investors)?
• Have you already invested, or are you actively in the process of investing, the required capital into a U.S. new commercial enterprise (NCE)?
• Will your investment benefit the U.S. economy and create at least 10 full‑time jobs for qualifying workers in the United States 🇺🇸?
• Is your capital lawfully sourced (and can you prove that with documents)?
• Is the NCE a lawful business entity formed or restructured according to program rules?

If you answer “No” to any of those, read on for alternatives and ways to fix gaps before filing.

Important: If you plan to pool your investment with other EB‑5 investors, you are not a standalone investor and must use Form I-526E instead.

Core Eligibility Rules You Must Meet

• Self‑petition requirement: Form I-526 is a self‑petition for a standalone investor under INA 203(b)(5). You must file for yourself.
• New Commercial Enterprise (NCE): Your investment must go into an NCE. An NCE can be:
  • A business formed after November 29, 1990; or
  • A business formed on or before November 29, 1990 that you restructured or reorganized into a new commercial enterprise; or
  • An expansion of a pre‑1990 business that results in a substantial change (at least 40% increase in net worth or number of employees).
• Job creation:
  • You must create at least 10 full‑time positions for qualifying employees.
  • Qualifying employees are U.S. citizens, U.S. nationals, lawful permanent residents, or other immigrants lawfully allowed to work.
  • You, your spouse, and your sons and daughters do not count. Independent contractors do not count.
• Lawful capital:
  • You must prove the money you invested (and any admin fees you paid) came from lawful sources.
  • Gifts and loans are allowed if they were made in good faith, came from lawful sources, and are not used to bypass rules on where capital may come from.

According to analysis by VisaVerge.com, petitions that present clean, well‑labeled documents on source of funds and job creation timelines tend to move more smoothly.

Where Your Investment Is Located Matters

USCIS asks you to classify the investment area. The classification affects whether reduced or standard investment amounts apply.

• Rural area: Outside a metropolitan statistical area and outside a town or city of 20,000 or more people.
• High unemployment area (TEA): The NCE’s census tract(s), plus any directly adjacent tracts, where the weighted unemployment rate is at least 150% of the national average. You’ll need:
  • The 11‑digit FIPS codes,
  • Your weighted calculation,
  • The national rate used, and
  • The data sources.
• High employment area: Unemployment significantly below the national average; the standard investment amount applies.
• Non‑TEA / Non‑High Employment: Standard investment amount applies.

USCIS does not list dollar amounts in the form instructions; see the official EB‑5 program page for current thresholds and rules: https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program

Proving Your Investment and Funds

USCIS expects clear, well‑organized evidence. Prepare documents in labeled sections matching USCIS requirements.

Business legitimacy

• Articles of incorporation, partnership agreements, business licenses, or proof of authority to do business.
• For pre‑1990 businesses: documents showing restructuring/reorganization, or evidence of a 40% increase in net worth or employees.

Investment trail

• Bank statements showing transfers into U.S. business accounts or escrow.
• Purchase documents for assets used by the NCE.
• Proof of property transferred from abroad for the NCE.
• Stock purchase or investment agreements for equity that cannot be redeemed at your request.
• If using debt: loan or mortgage documents showing the debt is secured by your own assets, and you are personally and primarily liable.

Lawful source of funds

• Business registration records and tax returns (last seven years, U.S. or foreign).
• Certified copies of judgments, or evidence of pending administrative, civil, or criminal actions in or outside the United States over the last 15 years, if any.
• If funds are a gift or non‑bank loan: include the donor/lender’s proof of lawful source, and proof the gift/loan was made in good faith.
• Identify any third‑party used to transfer capital (for example, a money‑service business), with identity documents for the business or individual.

Job creation proof

• If jobs already exist: tax records and Form I-9 copies.
• If jobs will be created: a comprehensive business plan with clear hiring timelines and roles.

Link to forms:
– Form I-526: https://www.uscis.gov/i-526
– Form I-526E (for pooled regional center investments): https://www.uscis.gov/i-526e
– Form I-9: https://www.uscis.gov/i-9

Special Case: Troubled Business

If investing in a troubled business, you must show all the following:

• The business has existed at least two years.
• It had a net loss during the 12‑ or 24‑month period before your I‑526 priority date.
• That loss was at least 20% of the business’s net worth before the loss.

In this case, you must maintain the pre‑investment level of employees for at least two years, proven with tax records, Form I-9s, and a business plan.

What Will Disqualify Your Capital

Your capital will not count if it is:

• From unlawful sources.
• Invested in exchange for a note, bond, convertible debt, or any other debt arrangement between you and the NCE.
• Invested with a guaranteed rate of return.
• Subject to a contractual right to repayment (for example, a mandatory redemption or sell‑back option held by you).

These issues often trigger denials because they show the investment is not “at risk,” as required.

Filing, Signatures, and Biometrics

• Signatures: Use an original handwritten signature (scans or faxes of original signatures are accepted). No stamps or typed names. Unsigned forms are rejected or denied.
• Translations: Any foreign‑language document must have a full English translation with a translator’s certification.
• Biometrics and interview: USCIS may schedule you for biometrics and possibly an interview. You’ll swear an oath that your filing is complete, true, and correct. Missing biometrics can lead to denial.
• Where to file: See the Form I-526 page for current filing addresses.
• Fees: Check Form G-1055 for current fee information: https://www.uscis.gov/g-1055
• Paper I‑94: If you need a paper I-94 copy for your records, use Form I-102: https://www.uscis.gov/i-102

Immigration Processing Choices After Approval

In Part 6 of the petition you’ll indicate how you plan to seek permanent residence:

• Immigrant visa processing abroad; or
• Adjustment of status in the United States (if a visa is available).

You can file an adjustment application at the same time as Form I-526 only if an EB‑5 visa is immediately available to you. Check the U.S. Department of State Visa Bulletin and USCIS visa availability guidance before filing together.

Common Pitfalls That Lead to Denials

• Failing to show that at least 10 full‑time jobs will be created for qualifying workers.
• Counting your spouse, sons, daughters, or independent contractors as qualifying employees.
• Presenting capital with a guaranteed return or a repayment right.
• Debt that is not secured by your personal assets, or where you are not personally and primarily liable.
• Weak or missing proof of lawful source of funds (especially with gifts/loans).
• Not proving the 40% increase in net worth or employees for pre‑1990 businesses.
• Incomplete signatures or missing translations and certifications.

If You’re Not Eligible Yet: Alternatives and Fixes

• Planning to pool funds with other EB‑5 investors? Use Form I-526E instead of Form I-526.
• Missing job creation evidence? Build a stronger business plan with clear hiring dates, positions, payroll estimates, and funding milestones before filing.
• Source of funds unclear? Collect seven years of tax returns, business records, and bank proofs; for gifts/loans, gather donor/lender paperwork showing lawful origin.
• Investing in a high unemployment area? Prepare a TEA worksheet with the census tract list, 11‑digit FIPS codes, your weighted unemployment average, the national rate used, and consistent data sources.
• For a troubled business plan: document the 20% net loss, and prepare a two‑year staffing plan to maintain pre‑investment headcount.

Practical Examples

• Buying a pre‑1990 shop: You can qualify if your capital leads to at least a 40% rise in employees or net worth. Show this with payroll records before and after, and certified financial statements.
• Using a family gift: Include the gift deed, the donor’s bank and tax records, and proof the donor earned the money lawfully. Explain the path of funds into the NCE’s U.S. account.
• Loan from a company you own: Not acceptable if the capital is a debt arrangement between you and the NCE. If you use personal debt, it must be secured by your own assets and make you personally and primarily liable.

How to Raise Your Approval Odds

• Submit a complete, labeled evidence package that matches each USCIS instruction item.
• Include third‑party transfer details (for any money‑service use) with ID documents.
• Use clear timelines and headcount tables in the business plan.
• Double‑check signatures and translation certifications.
• Keep copies of everything for your biometrics appointment oath.

USCIS may issue a Request for Evidence (RFE) or schedule an interview. Respond on time and include originals if asked. Decisions arrive in writing.

If you’re ready to file as a standalone investor, start with the official instructions and the current Form I-526 edition at: https://www.uscis.gov/i-526