New Form I-526E and Revised FAQ
July 12, 2022 18 Comments
On July 11, USCIS deleted five Q&A from the EB-5 Questions and Answers (updated April 2022) document linked to the EB-5 Resources page. This update successfully deletes all references to repealed regional centers. The update also removes all input on important questions of when investors can file I-526, how USCIS treats I-526 filed before the new law, and how regional centers maintain and amend designation.
On July 12, USCIS announced a new Form I-526 and Form I-526E. The announcement includes the important reminders that “a potential immigrant investor cannot file Form I-526E until the regional center has filed Form I-956F for the particular investment offering” and “Forms I-526 and I-526E must be submitted in compliance with new program requirements.” I will analyze the new forms as time permits. [UPDATE: USCIS has now sent a second announcement email with slightly different content and additional info about fees, copied below.]
From: U.S. Citizenship and Immigration Services <uscis@public.govdelivery.com>
Sent: July 12, 2022 2:12 PM
Subject: USCIS Releases New Forms for Immigrant Investor Program
| USCIS is revising Form I-526, Immigrant Petition by Alien Entrepreneur, to accommodate the EB-5 Reform and Integrity Act of 2022, which made significant changes to both the filing and eligibility requirements for investors under the EB-5 program. The form will be split into two versions: Form I-526, Immigrant Petition by Standalone Investor, and Form I-526E, Immigrant Petition by Regional Center Investor. —Form I-526 will be used by standalone immigrant investors who are not seeking to pool their investment with additional investors seeking EB-5 classification, and will closely resemble the prior edition of Form I-526. —Form I-526E will be used by immigrant investors who are seeking to pool their investment with one or more additional investors seeking EB-5 classification under the new regional center program. We created Form I-526E to reflect elements of the new regional center program, including the ability to incorporate evidence by reference from a regional center’s Form I-956F. By statute, a potential immigrant investor cannot file Form I-526E until the regional center has filed Form I-956F for the particular investment offering through an associated commercial enterprise that the potential immigrant investor is investing in. Once the regional center has received a receipt notice for the Form I-956F confirming its filing, investors may then file their associated Form I-526E based on that receipt notice. Effective July 12, 2022, Forms I-526 and I-526E must be submitted in compliance with new program requirements. The filing fee is $3,675 for each form. Visit the forms pages for additional information about the filing fees and biometric fees. |
From: U.S. Citizenship and Immigration Services <uscis@public.govdelivery.com>
Sent: July 12, 2022 5:52 PM
Subject: Revision of Form I-526
| Revision of Form I-526 We have released a revised version of Form I-526, Immigrant Petition by Alien Entrepreneur, splitting it into two versions to accommodate the EB-5 Reform and Integrity Act of 2022, which made significant changes to both the filing and eligibility requirements for investors under the EB-5 program. Background Form I-526, Immigrant Petition by Standalone Investor Form I-526 is filed by “standalone” immigrant investors who are not seeking to pool their investment with one or more additional investors seeking EB-5 classification. Form I-525E, Immigrant Petition by Regional Center Investor Form I-526E is filed by immigrant investors who are seeking to pool their investment with one or more additional investors seeking EB-5 classification and who must now do so under the Regional Center Program. Regional Center investors will also use Form I-526E to report any amendments necessary to establish ongoing eligibility if the regional center, new commercial enterprise, or job-creating entity in which the investor has invested is terminated or debarred from participation in the Regional Center Program. Filing Fees The filing fee for Form I-526 is $3,675. The filing fee for Form I-526E is $3,675 (add the $85 biometrics fee for a total of $3,760, where applicable. See exceptions below). On and after October 1, 2022, an additional $1,000 fee will be required under the EB-5 Reform and Integrity Act of 2022. Note: The biometric services fee is not required for petitioners filing the I-526E to amend a previously filed petition. Additional Information Forms I-526 and I-526E that are properly filed will receive two separate receipt notices. The first notice you should expect to receive will be from the USCIS Lockbox, acknowledging receipt of your I-526 or I-526E and the total fee amount received and processed. Next, we will issue a formal receipt notice that includes the assigned receipt number for the application when data entry has been completed. The priority date for the Forms I-526 and I-526E will be the date USCIS Lockbox receives your petition. For more information on the EB-5 Immigrant Investor Program, please visit the USCIS website. |
EB-5 Updates 
How is IPO intending to fund continued processing of their outstanding inventory of nearly 16,000 pending I526s, when income from new applicants’ fees is effectively limited to direct projects only?
I want to make an Inquiry which is not related to Blog.
Is there any member of this forum, who has received an Interview date from Mumbai Consulate, recently? I just wish to know which Priority Date is ongoing?
Is the interview based on priority date or DQ date?
I have absolutely no idea.
Interview date at Mumbai consulate : July 25, 2022, Priority date : Sep 2018, I-526 approval : Nov 2020, NVC declared documents complete : May 2021. This was through a Regional Center. Hope this info helps..
Yes, It does help to have some idea about where one stand in the queue. Thank very much RPG.
RPG,
I hope that outcome of your interview on 25th July is positive. Wishing you all the best for your American dream.
@Jaimin and All – happy to share that we got our EB5 visas stamped on our passport a few days back! We are now flying to the US on 25th Aug and will enter as residents! My daughter who’s an undergrad in the US can now get a job easily, and my son will apply for college as a resident! We as parents hope to follow in a few years once we’re clearer about job opportunities etc.. Am so happy that the EB5 program is now being reactivated and so happy that the grandfathering has actually turned into reality. Kudos to AIIA and Suzanne – in the entire ecosystem, these are the only 2 sets of people who are truly working for our cause and keeping us grounded get motivated….. I wish all EB5 investors all the best!
Congratulations and all the best in US.
Hello RPG,
Heartiest congratulations to you and your family.
My priority date was Nov 2018
Petition was approved on 7 Apr 2021
Case was transferred to NVC on Dec 30 2021,
Case for DS-260 and civil document submission was created on 3 May 2022
I submitted the documents by end June 2022.
Scary part is it has taken more than 1 year and 2 months for your interview to be scheduled.
Don’t forget that the RC program was not authorized from June 2021 to March 2022 and, once reauthorized, it took consulates a month or two to get going again. So the interview wait time *may* not be as long as you calculate, going forwards
Understand Katy B. Forgot that part…thank you. Fingers crossed!
Processing times have gone from 46.5 months in May, 48.5 months in June to 52.5 months in July……..I will never get to move to the US.
As a fellow EB5 investors I know how frustrating this process can be but I would check the historical data (https://egov.uscis.gov/processing-times/historic-pt) as well as current estimated timeline and take estimate based on that. My case was processed in line with the historical data.
Has anyone received receipt notice after filing I-956F application for exemplar project?
Has anyone received an interview letter for August or September? It seems things have just come to a complete stop.
USCIS wants the EB-5 money but doesn’t want to let EB-5 investors and families into the United States. lol
Has anyone received a recent interview letter from the Ho Chi Minh consulate who can share the date of completion of the application at NVC? Why is Visa bulletin available for I5 but NVC continues to mail 60 days?