Form I-526 Guide

USCIS evaluates several criteria for Form I-526, including the legitimacy of the investment, the creation of at least 10 full-time jobs, and the lawful source of investment funds. A common mismatch occurs when the evidence of job creation does not align with the investment claims made in the petition.

• Provide a detailed business plan outlining the NCE's operations and job creation.
• Include bank statements or financial documents showing the source of investment funds.
• Submit contracts or agreements that demonstrate the investment commitment.
• Gather payroll records or employment contracts to evidence job creation.
• Ensure all documents are properly translated and certified if in a foreign language.
• Use reliable data to support claims about job creation and investment amounts.

• Missing evidence of investment or job creation, which is critical for establishing eligibility.
• Inconsistent information between the petition and supporting documents, leading to confusion about your case.
• Failure to provide required translations for foreign documents, which can result in delays or denials.
• Omitting signatures or providing invalid signatures, which can lead to immediate rejection of the petition.

• Investment must be in a new commercial enterprise (NCE).
• At least 10 full-time jobs must be created for U.S. workers.
• Evidence of the lawful source of investment funds is required.
• A comprehensive business plan must be submitted.
• All documents must be legible and properly formatted.
• Translations must be certified and signed by the translator.
• Filing fee must be included as per Form G-1055.

• General Instructions

  This section provides an overview of how to complete the form and the importance of using the latest version of Adobe Reader.

• Specific Instructions

  Detailed guidance on filling out each part of the form, including personal information and investment details.

• Your Entry Into The United States

  Information required if you are currently in the U.S., including arrival date and Form I-94 details.

• Address Change

  Instructions on how to report any changes to your address during the processing of your petition.

• Processing Information

  Details on how USCIS processes the petition and what to expect during the adjudication.

• DHS Privacy Notice

  Information on how your personal data will be handled and protected by the Department of Homeland Security.

• Item Number 1. Alien Registration Number (A-Number) (if any)
• Item Number 2. USCIS Online Account Number
• Item Number 3. U.S. Social Security Number (if any)
• Item Number 4. Your Full Name
• Item Number 5. Other Names Used (if any)
• Item Number 6. Date of Birth
• Item Number 7. Sex
• Item Number 8. Place of Birth
• Item Number 9. Country of Citizenship or Nationality
• Item Number 10. Country of Last Foreign Residence
• Item Number 11. Mailing Address
• Item Number 12. Physical Address
• Item Numbers 14-16. Employment History
• Item Number 21. Date of Arrival (if in the U.S.)
• Item Number 23. Form I-94 Arrival/Departure Record
• What Is the Purpose of Form I-526?
• Who May File Form I-526?
• reorganization resulting in an NCE; or
• How To Complete Form I-526
• Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number)
• U.S. Social Security number, type or print “N/A.”

• Evidence of identity (passport, government ID, or USCIS-issued document).
• Evidence of current immigration status or admission/parole.
• Evidence that supports the eligibility category selected.
• Evidence of any required family relationship or sponsorship.
• Evidence of investment funds and job creation metrics.

• Missing or invalid signatures on the petition.
• Inaccurate or incomplete information in personal details.
• Failure to submit required evidence or documentation.
• Not providing translations for foreign language documents.
• Submitting original documents when not required.
• Not using the latest version of the form.

• Situation: An applicant is preparing I-526 and must include all required evidence. Task: They submit a complete packet within a 30-day preparation window. Action: They compile identity records, eligibility evidence, and the filing fee before submitting. Result: The petition is accepted without a request for missing items.
• Situation: A filer is close to a deadline for I-526. Task: They submit within the required 90-day timeline. Action: They finalize the packet and file within the stated window. Result: The case proceeds without a late-filing issue.
• Situation: A petitioner must reference a receipt number. Task: They match the receipt number to the underlying petition. Action: They include the exact receipt number on I-526 and attach the notice copy. Result: USCIS can verify the underlying filing quickly.

• A photocopy of a signature is acceptable; however, it must be of the original document containing the handwritten ink signature. This is important to avoid rejection due to signature issues.
• All documents must be submitted in their original form; photocopies are generally acceptable unless specified otherwise. This can help prevent unnecessary complications during processing.
• The filing fee is not fixed and can change; always check Form G-1055 for the latest fee information. This is crucial to ensure your petition is not rejected due to payment issues.
• You must provide evidence of job creation even if you believe your investment will automatically create jobs. This evidence is necessary to meet USCIS requirements.

This guide is built from the official instructions for Form I-526, ensuring you have the most current and accurate information. It provides non-legal advice to help you navigate the petition process effectively.

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