The I-526 Immigration Petition by Alien Entrepreneur (or Form I-526) is the first application the EB-5 investor files and through which they must demonstrate they have invested or are actively in the process of investing the required amount of capital at risk in a new commercial enterprise (i.e. a qualified EB-5 project).

The complete I-526 package, provided by the regional center, includes the project offering documents, the business plan and job creation report, and evidence of TEA eligibility. These project documents may already have been reviewed and approved by USCIS if the EB-5 project has I-924 / I-526 exemplar approval.

To support their I-526 petition, the EB-5 investor must provide evidence of the lawful source and path of funds for their EB-5 investment. This is the source of funds report prepared by the EB-5 investor's immigration attorney.

After the I-526 petition is filed, USCIS will issue the EB-5 investor the I-797c Notice of Receipt acknowledging it has received the petition and assigning the applicant a priority date.

Upon approval, typically within 12-24 months, the EB-5 investor can file for adjustment of status or consular processing, whichever is applicable.