Form I-526, Immigrant Petition by Standalone Investor, is the petition that U.S. Citizenship and Immigration Services (USCIS) uses to decide whether an investor qualifies for immigrant status under section 203(b)(5) of the Immigration and Nationality Act (INA). You file it for yourself after investing, or while actively investing, the required amount in a new commercial enterprise (NCE). On FillingPDF you can fill out Form I-526 online and download or print the completed PDF; the form, the instructions and the filing addresses are published by USCIS at uscis.gov/i-526.
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What is I-526?
Form I-526, Immigrant Petition by Standalone Investor, is the USCIS petition a standalone investor files for immigrant status under section 203(b)(5) of the Immigration and Nationality Act (INA), based on investing the required amount in a new commercial enterprise (NCE).
The petition asks you to show that the NCE will benefit the U.S. economy by creating full-time jobs for at least 10 qualifying workers, not counting you, your spouse or your sons or daughters. The instructions say the required investment amount is set by statute and point to the USCIS EB-5 page and U.S. embassies and consulates for the figure.
The form has ten parts: information about you, your spouse and children, the NCE, your investment and its lawful sources, employment creation, visa processing and immigration proceedings, your declaration and signature, interpreter and preparer sections, and a page for additional information. USCIS decides whether you have established eligibility and notifies you in writing.
Form I-526 is for standalone investors only. An investor who pools an investment with one or more other investors seeking classification under INA section 203(b)(5) must file under INA section 203(b)(5)(E), the Regional Center Program, using Form I-526E, Immigrant Petition by Regional Center Investor. The form carries OMB No. 1615-0026 and is printed as Edition 01/20/25.
Who needs to file I-526?
A standalone investor files Form I-526 for himself or herself after investing, or while actively in the process of investing, the required investment amount in an NCE that will create full-time jobs in the United States for at least 10 U.S. citizens, U.S. nationals, lawful permanent residents or other immigrants authorized to work, other than the investor, the spouse or the investor's sons or daughters.
The instructions recognize three ways an NCE can be established:
- forming a business after November 29, 1990;
- purchasing a business formed on or before November 29, 1990 and restructuring or reorganizing it;
- expanding a business formed on or before November 29, 1990 so that net worth or number of employees rises by at least 40 percent.
Do not use this form if you are pooling your investment with other investors seeking INA section 203(b)(5) classification; those petitions go on Form I-526E.
Your spouse and children are listed in Part 2 of your petition and do not file their own Form I-526. If you are under 14, a parent or legal guardian may sign for you; a legal guardian may sign for a mentally incompetent person. An attorney or accredited representative may be obliged to submit Form G-28 with the petition.
When to file I-526
File Form I-526 once you have invested, or are actively in the process of investing, the required amount in the NCE. The form and instructions print no separate deadline, so the timing depends on your investment.
You may file an application to adjust status (Form I-485) with the petition or afterward, but only if approval of the petition would make an immigrant visa immediately available to you. The instructions tell you to check the U.S. Department of State Visa Bulletin and the USCIS website to see whether an EB-5 visa is immediately available.
If you choose to send required initial evidence through your myUSCIS account, the instructions ask you to submit it as soon as practicable after you receive the instructions with your receipt notice. USCIS may ask you to attend a biometric services appointment or an interview at any time before it decides.
Documents you need
- Lawful business entity: articles of incorporation, certificate of merger or consolidation, partnership agreement, certificate of limited partnership, joint venture or business trust agreement, or similar document, plus a certificate of authority to do business or a statement that none is required.
- For a business formed on or before November 29, 1990: evidence of restructuring or reorganization, or of a substantial (at least 40 percent) increase in net worth or employees, such as stock purchase agreements, certified financial reports or payroll records.
- Targeted employment area evidence, if applicable: proof of a rural area or, for a high unemployment area, a list of the census tract(s) and the calculation showing at least 150 percent of the national average rate.
- Investment evidence: for example bank statements of deposits to the NCE's U.S. accounts, proof of assets purchased or property transferred from abroad, or loan and security documents for which you are personally and primarily liable.
- Lawful capital evidence, as applicable: foreign business registration records, tax returns filed within the last seven years, certified judgments and pending governmental or civil actions within the past 15 years, and the identity of anyone who transferred capital on your behalf.
- For gifted or borrowed funds: evidence from the donor or, if not a bank, the lender that the funds were lawfully obtained and given or lent in good faith.
- Job creation evidence: tax records, Form I-9s or similar documents if employees are hired, or a comprehensive business plan showing when they will be hired.
- Troubled business only: evidence that existing employees will be maintained at no less than the pre-investment level for at least two years, with tax records or Form I-9s and a business plan.
- Identification: a photocopy of government-issued identification, which may include your passport.
- Full English translation of any foreign-language document, with the translator's signed certification of accuracy and competence, printed name, date and contact information.
- Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if an attorney or accredited representative acts for you and is obliged to submit it.
- Forms I-485, I-131, I-765 or other forms you are filing with the petition, if you check them in Part 6, Item Number 6.
How to fill out I-526
Enter your identity details
In Part 1, Items 1-11, give your A-Number, USCIS Online Account Number and U.S. Social Security Number (type "N/A" if you have none), full legal name, other names, date of birth (mm/dd/yyyy), sex, place of birth, citizenship, and country of last foreign residence.
Give addresses and employment history
Items 12-16: your mailing address and physical addresses for the last five years, present address first. Items 17-20: the last 20 years of employment plus any government or military positions at any time.
Answer the U.S. entry questions
Items 21-23 apply only if you are currently in the United States: date and place of arrival, I-94 number and authorized stay date, passport or travel document, and current nonimmigrant status. Otherwise skip to Part 2.
List your spouse and children
In Part 2, give each family member's name, date of birth, country of birth and relationship, and mark whether each will apply for adjustment of status or a visa abroad. Use Part 10 if you need more space.
Describe the new commercial enterprise
In Part 3, Items 1-12, enter the NCE's legal name (required), structure, formation date, state, Federal Employer Identification Number, addresses, contact details, census tract(s), nature of activity and NAICS codes. For a holding company, list each wholly owned subsidiary.
Select NCE type and ownership
Item 13: select only one type of NCE. Item 14: answer the troubled business question. Items 15-19: your ownership percentage and any non-EB-5 investors, with their percentage and capital invested.
Choose evidence method and investment area
In Part 4, select whether you have submitted the initial evidence or will use myUSCIS. Then select every investment type that applies: rural area, high unemployment area (with census tracts and rates), high employment area, or non-TEA.
Report the investment and its sources
Items 5-13: dates and amounts of investment, composition of the investment, administrative costs and fees, and net worth. Items 14-17: select capital sources, describe lawful-source documents, identify donors or lenders, and identify anyone who transferred capital for you.
Complete employment creation information
In Part 5, say whether the NCE employs you and your role, then enter the number of full-time direct and qualifying employees at the time of investment and now, the difference, the estimated positions to be created, and your capital made available to job-creating businesses.
Select visa processing and proceedings
In Part 6, choose immigrant visa processing or adjustment of status and give the related country and address details. Indicate other forms filed with the petition and answer Items 7-12 on immigration proceedings and unauthorized work, explaining in Part 10.
Complete the statement and sign
In Part 7, select the interpreter and preparer statements that apply, add contact details and sign in ink with the date. If an interpreter or preparer helped you, they complete and sign Parts 8 and 9.
Add extra information and download
Use Part 10 for overflow answers, noting the page, part and item number. Check every item, then download or print the completed PDF from FillingPDF, sign it and assemble the package described under How to submit.
How to submit I-526
Mail the completed petition to the USCIS address listed for Form I-526; required initial evidence goes with it or through your myUSCIS account.
- By mail: USCIS directs you to its Direct Filing Addresses page for Form I-526 and Form I-526E, linked from uscis.gov/i-526. Petitions sent to the wrong address may be delayed. Do not mail the petition to the Paperwork Reduction Act address in the instructions (Camp Springs, MD).
- Evidence through myUSCIS: in Part 4 you select whether you have submitted the required initial evidence or will submit it through a myUSCIS account; instructions come with your receipt notice.
- Fee: a filing fee applies. See Form G-1055 or the USCIS Fee Schedule page for the current amount.
- Signature: a photocopy, fax or scan of the original with a handwritten ink signature is valid for filing. An unsigned petition is rejected.
- After filing: you receive a notice from the USCIS lockbox acknowledging receipt and the fee, then a formal receipt notice with your receipt number.
Printed pages must show the edition date and page numbers, and all pages must come from the same edition. Non-citizens must notify USCIS of a new address within 10 days of moving; do not send address changes to the lockbox. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Submitting the petition unsigned or with a stamped or typewritten name; USCIS rejects an unsigned petition or one with an invalid signature.
- Filing Form I-526 for an investment pooled with other investors seeking INA section 203(b)(5) classification; those petitions belong on Form I-526E.
- Leaving questions blank instead of typing or printing "N/A", or "None" for a zero numeric answer.
- Printing pages from different editions or leaving pages out; USCIS may reject a form whose edition date or page numbers are missing or inconsistent.
- Sending the petition to the Camp Springs, MD address in the Paperwork Reduction Act notice or to a wrong filing address instead of the Direct Filing Addresses for Form I-526.
- Using extra sheets without your name, A-Number, page, part and item number, and your signature and date on each sheet.
- Answering "Yes" to Part 3, Item Number 14 (troubled business) without explaining in Part 10 how the NCE qualifies.
- Counting capital invested for a note, convertible debt or guaranteed return, or subject to a contractual right to repayment; the instructions exclude it from capital.
- Submitting foreign-language documents without a full English translation and signed translator's certification.
- Missing the biometric services appointment; USCIS may deny the petition if you do not attend.
Frequently asked questions
What is Form I-526 used for?
Form I-526, Immigrant Petition by Standalone Investor, is used to petition USCIS for immigrant status under INA section 203(b)(5). You file it after investing, or while actively investing, the required amount in a new commercial enterprise that will create at least 10 qualifying full-time jobs.
What is the difference between Form I-526 and Form I-526E?
Form I-526 is for a standalone investor. An investor who pools an investment with one or more other investors seeking INA section 203(b)(5) classification must file under the Regional Center Program using Form I-526E, Immigrant Petition by Regional Center Investor.
Can I fill out Form I-526 online?
You can fill out the Form I-526 PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the petition; you submit it to USCIS through the filing address and channels USCIS lists.
Where do I mail Form I-526?
Use the address on the USCIS Direct Filing Addresses page for Form I-526 and Form I-526E, linked from uscis.gov/i-526. Petitions sent to the wrong address may be delayed. Do not mail it to the Camp Springs, MD address in the instructions' Paperwork Reduction Act notice.
What documents must I submit with Form I-526?
The instructions list evidence of the lawful business entity, targeted employment area (if applicable), the investment, the lawful source of capital, job creation and your identification. Foreign-language documents need a full English translation with a signed translator's certification.
Can I submit my evidence through myUSCIS?
Yes. In Part 4 you select whether you submitted the required initial evidence with the petition or will submit it through a myUSCIS account. If you choose myUSCIS, instructions arrive with your receipt notice, and USCIS asks you to send the evidence as soon as practicable.
Is there a fee for Form I-526?
Yes, a filing fee applies. The amount is not printed on the form; USCIS directs you to Form G-1055 and its Fee Schedule page for the current figure. Check them before you file.
Do I need to attend a biometrics appointment after filing?
USCIS may require a biometric services appointment or an interview at any time. If it does, you receive a notice with the date, time and location, and you sign an oath reaffirming your petition. USCIS may deny the petition if you do not attend.
Can someone else sign Form I-526 for me?
Generally you sign it yourself, in ink. A parent or legal guardian may sign if you are under 14, and a legal guardian may sign for a mentally incompetent person. A stamped or typewritten name is not accepted, and USCIS rejects an unsigned petition.
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