Form I-526 and Form I-526E are the main EB-5 petitions used to show you qualify as an immigrant investor. The key question USCIS focuses on is whether your investment funds are lawful and fully traceable into the EB-5 project, along with the job-creation framework required by EB-5. Use this page to confirm which form you should file, what evidence is typically required, and what happens after approval.
Form I-526 and Form I-526E are part of an EB-5 petition and, with supporting documents, show you qualify as an immigrant investor.
An EB-5 investor.
New Regional Center filings generally use Form I-526E, while Form I-526 is used for standalone direct EB-5 filings and for many pre March 15, 2022 Regional Center cases.
As of January 2026, the filing fee is $3,675 for Form I-526 and Form I-526E, and Form I-526E also requires a $1,000 Integrity Fund fee (fees have changed in litigation, so we confirm the amount at filing).
A well prepared I-526E case typically takes 3 months to 1.5 years based on our filings and IIUSA data (the CIS Ombudsman notes the USCIS processing time figure does not predict when your case will move).
You typically submit source and path of funds evidence, job creation evidence for at least 10 qualifying jobs, and personal civil documents such as passport and birth certificate.
The most common issue is weak or inconsistent source and path-of-funds documentation.
After approval, you apply for conditional permanent residence through Form I-485 or DS-260 for consular processing, and later you file Form I-829 to remove conditions.
Form I-526 ("Immigrant Petition by Standalone Investor") and Form I-526E ("Immigrant Petition by Regional Center Investor") is filed by immigrant investors who seek USCIS approval to apply for an immigrant visa under the EB-5 Immigrant Investor Program. Form I-526E is used by Alien Investors using the Regional Center Program. EB-5 requires a defined investment which has been documented to have created ten new jobs.
In 2025 USCIS were forced to reverse a price increase by court order. While the current I-526 application fee is $3,675 USCIS has already instituted the process to increase this fee. Form I-526E has the same fee except that an additional Integrity fee of $1,000. We have prepared a detailed guide on the EB-5 visa costs which explains this in detail.
The CIS Ombudsman has found the processing time cited by USCIS to be unusable when trying to predict I-526 processing times. We suggest potential EB-5 investors read our guide to EB-5 processing timelines.
Full document checklists are available for download:
A very common cause of rejection across USCIS filings is using the wrong edition or missing an intake requirement. The date is clearly marked on the form. Many firms explicitly advise checking the edition date and requirements right before filing.
USCIS style instructions emphasize completing the form legibly and in the prescribed way. If you're handwriting anything, do it clearly and consistently.
Across USCIS processes, blank fields can trigger "incomplete" handling at intake. If something doesn't apply, write N/A. If the answer is zero, write None or 0 as appropriate.
USCIS instructions for additional information are consistent:
This is one of those "simple but often missed" points.
The form instructions state that a "Yes" answer to some questions requires explanation. For example, the form notes that if you answer "Yes" to the troubled business question, you must explain how the NCE qualifies. Don't miss those built-in instructions. Make sure to provide an explanation of "Yes" answers.
Ensure that names, dates of birth, passport details, A-Number, and prior receipt numbers match prior USCIS submissions and identity documents. Small inconsistencies create delays.
RFEs often start as simple inconsistencies. Pick a format and stick to it across the whole form (dates, apartment or unit conventions, province vs state, postal codes).
Where the form asks for employment or residence history, make sure month to month coverage is clear. If there's a gap, label it plainly (unemployed, student, etc.).
Gather the key facts first (entity names, addresses, dates, ownership percentages, investment dates and amounts, identifiers), then fill the form in one consistent pass. It reduces errors and internal contradictions.
Before you assemble exhibits double check the final PDF version of the form itself. Ensure:
| Topic | Form I-526 | Form I-526E |
|---|---|---|
| Who files it | EB-5 investors making a standalone investment (not through a regional center) | EB-5 investors investing through a USCIS-designated regional center |
| What it is | Immigrant Petition by Standalone Investor | Immigrant Petition by Regional Center Investor |
| Typical project type | Direct or standalone EB-5 investment | Regional center EB-5 project |
| What USCIS focuses on | Lawful source of funds, path of funds, bona fides of the project and eligibility plus the job creation framework for the case type | Lawful source of funds, path of funds and eligibility plus the job creation framework for the case type and regional center structure |
| When you use it | When your EB-5 investment is not sponsored through a regional center | When your EB-5 investment is made through a regional center offering |
Form I-526 and Form I-526E are the EB-5 petition forms used to request classification as an immigrant investor, and they are filed with a supporting evidence package.
Source: USCIS I-526 and USCIS I-526E
The EB-5 immigrant investor category is in INA 203(b)(5) (8 U.S.C. 1153(b)(5)).
Source: U.S. Code 8 U.S.C. 1153
The principal regulation governing EB-5 immigrant petitions is 8 CFR 204.6.
Source: eCFR 8 CFR 204.6
USCIS compiles EB-5 adjudication policy in the USCIS Policy Manual, Volume 6, Part G (Investors).
Source: USCIS Policy Manual V6 Part G
Form I-526E is generally used for new Regional Center filings, while Form I-526 is generally used for standalone direct EB-5 filings, and Form I-526 was also used for many Regional Center cases filed before March 15, 2022.
Source: USCIS I-526E and USCIS I-526
No. Approval is a prerequisite step, but conditional permanent residence is obtained later through adjustment of status in the United States (Form I-485) or by receiving an immigrant visa abroad and being admitted to the United States.
Source: USCIS Policy Manual V6 Part G Chapter 3
A complete filing includes evidence of the required capital investment, lawful source and path of funds, and job creation documentation appropriate to the case type.
Source: USCIS Policy Manual V6 Part G Chapter 2 (eligibility) and 8 CFR 204.6
You must show the investment capital was obtained lawfully, and you must document how the funds moved from the lawful source to the EB-5 investment.
Source: USCIS Policy Manual V6 Part G Chapter 2
EB-5 generally requires creation of at least 10 qualifying full time U.S. jobs, with the evidence depending on whether the case is standalone direct or Regional Center based.
Source: INA 203(b)(5) in 8 U.S.C. 1153 and USCIS Policy Manual V6 Part G Chapter 2
Common issues include gaps or inconsistencies in lawful source and path of funds, weak tracing, and inconsistencies between the narrative and the financial records.
Source: USCIS Policy Manual V6 Part G Chapter 2 and Chapter 3
Timelines vary widely; the CIS Ombudsman notes the USCIS processing time figure does not indicate how soon USCIS will take action on your case.
Source: CIS Ombudsman case inquiry date tip sheet PDF
After approval, you generally proceed through adjustment of status or consular processing, and later you file Form I-829 to remove conditions.
Source: USCIS Policy Manual V6 Part G Chapter 7 and eCFR 8 CFR 216.6
You generally file Form I-829 during the 90 day period immediately before the second anniversary of the date you obtained conditional permanent residence.
Source: 8 CFR 216.6 and USCIS Policy Manual V6 Part G Chapter 7
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