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I-526 Checklist: EB-5 Immigrant Investor Petition

Immigration Attorney and EB-5 Investor Resource

Build an EB-5 standalone investor petition with our Form I-526 checklist. Form I-526 (Immigrant Petition by Standalone Investor) is the employment-based fifth-preference petition for investors who put the required capital into a new commercial enterprise and create qualifying jobs. Regional-center projects generally use Form I-526E after the EB-5 Reform and Integrity Act; this checklist focuses on the standalone I-526 path while remaining useful for source-of-funds and job-creation evidence on either form. It helps immigration attorneys and investors assemble investment proof, lawful source of funds, the business plan, and organizational documents. Amounts and TEA rules change—confirm current USCIS requirements. Not legal advice or an offer of investment.

I-526 Checklist: EB-5 Immigrant Investor Petition form template preview

Key Benefits

Organize investment and source-of-funds evidence
Align the business plan with job-creation requirements
Distinguish standalone I-526 from regional-center I-526E
Reduce RFEs on tracing funds and enterprise documents
Coordinate with the comprehensive EB-5 requirements page
Professional investor-petition workflow

Common Use Cases

Standalone EB-5 investors filing Form I-526Immigration attorneys preparing source-of-funds memosRegional-center counsel comparing I-526 and I-526E evidenceParalegals assembling corporate, bank, and tax recordsInvestors documenting gifts, loans, or business proceeds as capitalTeams preparing for NVC or adjustment after I-526 approval

Frequently Asked Questions

What is the difference between I-526 and I-526E?
I-526 is the standalone (direct) investor petition. I-526E is generally used for regional-center investments under the Reform and Integrity Act. Evidence themes overlap (capital, lawful source, jobs), but the forms, project documentation, and integrity rules differ. File the form that matches the project type.
What does USCIS look for in source of funds?
USCIS expects a clear, documented path from the original lawful source (employment, business sale, gift, loan, inheritance, or similar) to the capital placed in the new commercial enterprise. Gaps, unexplained deposits, and third-country hops without records are common RFE triggers.
How many jobs must an EB-5 investment create?
Standalone petitions generally must show the enterprise will create at least 10 full-time jobs for qualifying U.S. workers. Regional-center projects may use different methodologies (including indirect jobs) under the applicable statute. Use current USCIS policy, not a stale business plan.
What happens after I-526 is approved?
If the investor is in the United States and eligible, they may file I-485 to adjust status. If abroad, the case typically goes to NVC for DS-260 and an immigrant visa. Conditional residence and I-829 removal of conditions come later. Visa availability depends on chargeability and the EB-5 waitlist.

Checklist

USCIS Forms

Complete Form I-526 (Immigrant Petition by Standalone Investor) or I-526E if regional center
Required

Use the form that matches the project. Confirm the current edition and any integrity-act fields.

Identity Documents

Passport biographic page and identity documents for the investor and derivatives
Required

Names must match bank, corporate, and source-of-funds records. Include translations.

Financial Requirements

Evidence the required capital has been invested or is in the process of being invested
Required

Wire receipts, escrow agreements, subscription documents, and enterprise bank statements. Use current minimum amounts.

Lawful source-of-funds documentation tracing capital to the investor
Required

Tax returns, employment records, sale contracts, gift affidavits, loan documents, and bank trails.

Path-of-funds exhibits from source accounts into the new commercial enterprise
Required

Every transfer should have a bank record. Explain currency conversion and intermediary accounts.

Filing fee payment (check current fee on USCIS.gov)
Required

EB-5 fees are published separately from many other immigrant petitions. Confirm before filing.

Supporting Documents

Organizational documents for the new commercial enterprise
Required

Articles, operating agreement, share register, licenses, and evidence the enterprise is a lawful business.

Comprehensive business plan showing job creation and use of capital
Required

Matter of Ho-style plan: timelines, staffing, financials, and how the investment creates qualifying jobs.

Targeted employment area evidence if claiming the reduced investment amount

Use the designation rules in effect for the filing. Rural and high-unemployment definitions have changed.

Documentation

Certified English translations for foreign-language records

Source-of-funds files often include foreign bank and corporate documents.