Immigrant Petition by Alien Entrepreneur
[I-526, Immigrant Petition by Alien Entrepreneur]
IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms
Purpose of Form :
For use by an entrepreneur who wishes to immigrate to the United States.
Number of Pages :
6
Edition Date :
8/09/06. Prior versions acceptable.
Where to File :
Please see Special Instructions on this page.
Filing Fee :
$480.00
Special Instructions :
Note on Where to File :
The Texas Service Center, if your new commercial enterprise will principally be doing business in these states or territories: AL, AR, CT, DE, DC, FL, GA, KY, LA, MS, ME, MD, MA, NH, NJ, NM, NY, NC, SC, OK, PA, PR, RI, TN, TX, VT, VI, VA, WV.
The California Service Center, if your new commercial enterprise will principally be doing business in these states or territories: AK, AZ, CA, CO, GU, HI, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, WY.
Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-0026; Exp. 08/31/07
I-526, Immigrant Petition by Alien Entrepreneur
Instructions
Purpose of This Form.
This form is for use by an entrepreneur to petition the U.S. Citizenship and Immigration Services (USCIS) for status as an immigrant to the United States pursuant to section 203(b)(5) of the Immigration and Nationality Act, as amended. That section of the law pertains to immigrant visas for an investor in a new commercial enterprise. USCIS is comprised of offices of the former Immigration and Naturalization Service (INS).
Who May File.
You may file this petition for yourself if you have established a new commercial enterprise:
- In which you will engage in a managerial or policy-making capacity, and
- In which you have invested or are actively in the process of investing the amount required for the area in which the enterprise is located, and
- Which will benefit the U.S. economy, and
- Which will create full-time employment in the United States for at least ten U.S. citizens, permanent residents, or other immigrants authorized to be employed, other than yourself, your spouse, your sons or daughters, or any nonimmigrant aliens.
The establishment of a new commercial enterprise may include:
- Creation of a new business;
- The purchase of an existing business with simultaneous or subsequent restructuring or reorganization resulting in a new commercial enterprise; or
- The expansion of an existing business through investment of the amount required, so that a substantial change (at least 40 percent) in either the net worth, number of employees, or both, results.
The amount of investment required in a particular area is set by regulation. Unless adjusted downward for targeted areas or upward for areas of high employment, the amount of investment shall be $1,000,000 (one million dollars). You may obtain additional information from our website at www.uscis.gov, or an American embassy or consulate abroad.
General Filing Instructions.
Please answer all questions by typing or clearly printing in black ink. Indicate that an item is not applicable with “N/A.” If an answer to a question is “none,” please write “none.” If you need extra space to answer any item, attach a sheet of paper with your name and your A#, if any, and indicate the number of the item. Your petition must be properly signed and filed with the correct fee. If you are under 14 years of age, your parent or guardian may sign the petition on your behalf.
Initial Evidence Requirements.
The following evidence must be filed with your petition:
- Evidence that you have established a lawful business entity under the laws of the jurisdiction in the United States in which it is located, or, if you have made an investment in an existing business, evidence that your investment has caused a substantial (at least 40 percent) increase in the net worth of the business, the number of employees, or both.
- Such evidence shall consist of copies of articles of incorporation, certificate of merger or consolidation, partnership agreement, certificate of limited partnership, joint venture agreement, business trust agreement, or other similar organizational document; a certificate evidencing authority to do business in a state or municipality, or if such is not required, a statement to that effect; or evidence that the required amount of capital was transferred to an existing business resulting in a substantial increase in the net worth or number of employees, or both.
- This evidence must be in the form of stock purchase agreements, investment agreements, certified financial reports, payroll records or other similar instruments, agreements or documents evidencing the investment and the resulting substantial change.
- Evidence, if applicable, that your enterprise has been established in a targeted employment area. A targeted employment area is defined as a rural area or an area which has experienced high unemployment of at least 150 percent of the national average rate. A rural area is an area not within a metropolitan statistical area or not within the outer boundary of any city or town having a population of 20,000 or more.
- Evidence that you have invested or are actively in the process of investing the amount required for the area in which the business is located.
- Such evidence may include, but need not be limited to, copies of bank statements, evidence of assets that have been purchased for use in the enterprise, evidence of property transferred from abroad for use in the enterprise, evidence of monies transferred or committed to be transferred to the new commercial enterprise in exchange for shares of stock, any loan or mortgage, promissory note, security agreement, or other evidence of borrowing that is secured by assets of the petitioner.
- Evidence that capital is obtained through lawful means. The petition must be accompanied, as applicable, by: foreign business registration records, tax returns of any kind filed within the last five years in or outside the United States, evidence of other sources of capital, or certified copie of any judgment, pending governmental civil or criminal actions, or private civil actions against the petitioner from any court in or outside the United States within the past 15 years.
- Evidence that the enterprise will create at least ten full-time positions for U.S. citizens, permanent residents, or aliens lawfully authorized to be employed (except yourself, your spouse, sons, or daughters, and any nonimmigrant aliens).
- Such evidence may consist of copies of relevant tax records, Forms I-9, or other similar documents, if the employees have already been hired, or a business plan showing when such employees will be hired within the next two years.
- Evidence that you are or will be engaged in the management of the enterprise, either through the exercise of day-to-day managerial control or through policy formulation. Such evidence may include a statement of your position title and a complete description of your duties, evidence that you are a corporate officer or hold a seat on the board of directors, or, if the new enterprise is a partnership, evidence that you are engaged in either direct management or policy-making activities.
Processing Information.
Acceptance.
Any petition that is not signed or accompanied by the correct fee will be rejected with a notice that it is deficient. You may correct the deficiency and resubmit the petition. However, a petition is not considered properly filed until accepted by USCIS.
Initial processing.
Once the petition has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form or file it without required initial evidence, you will not establish a basis for eligibility and we may deny your petition.
Requests for more information or interview.
We may request more information or evidence or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are no longer required.
Approval.
If you have established that you qualify for investor status, the petition will be approved. If you have requested that the petition be forwarded to an American embassy or consulate abroad, the petition will be sent there unless that consulate does not issue immigrant visas. If you are in the United States and state that you will apply for adjustment of status, and the evidence indicates you are not eligible for adjustment, the petition will be sent to an American embassy or consulate abroad. You will be notified in writing of the approval of the petition and where it has been sent, and the reason for sending it to a place other than the one requested, if applicable.
Meaning of petition approval.
Approval of a petition shows only that you have established that you have made a qualifying investment. It does not guarantee that the American embassy or consulate will issue the immigrant visa. There are other requirements that must be met before a visa can be issued. The American embassy or consulate will notify you of those requirements. Immigrant status granted based on this petition will be conditional. Two years after entry, the conditional investor will have to apply for the removal of conditions based on the ongoing nature of the investment.
Denial.
If you have not established that you qualify for the benefit sought, the petition will be denied. You will be notified in writing of the reasons for the denial.
Copies.
If these instructions state that a copy of a document may be filed with this application and you choose to send us the original, we may keep that original for our records.
Where to File.
If the new commercial enterprise is located, or will principally be doing business in: Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Mississippi, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, North Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, or Texas, Vermont, the U.S. Virgin Islands, Virginia or West Virginia, mail the petition to:
USCIS Texas Service Center
P.O. Box 852135
Mesquite, TX 75185-2135
If the new commercial enterprise is located, or will principally be doing business in: Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or Wyoming, mail the petition to:
USCIS California Service Center
P.O. Box 10140
Laguna Niguel, CA 92607-0526
What Is the Fee?
The fee for this petition is $480.00.
The fee must be submitted in the exact amount. It cannot be refunded. Do not mail cash. All checks and money orders must be drawn on a bank or other institution located in the United States and must be payable in United States currency. The check or money order should be made payable to the Department of Homeland Security, unless:
- If you live in Guam and are filing this application there, make your check or money order payable to the “Treasurer, Guam.”
- If you live in the U.S. Virgin Islands and are filing this application there, make your check or money order payable to the “Commissioner of Finance of the Virgin Islands.”
Checks are accepted subject to collection. A check returned due to insufficient funds will render the application and any document issued invalid. A charge of $30.00 will be imposed if a check in payment of a fee is not honored by the bank on which it is drawn.
When making out your check or money order, spell out Department of Homeland Security. Do not use the initials “USDHS” or “DHS.”
How to Check If the Fee Is Correct.
The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below:
- Visit our website at www.uscis.gov and scroll down to “Forms and E-Filing” to check the appropriate fee, or
- Review the Fee Schedule included in your form package, if you called us to request the form, or
- Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.
USCIS Forms and Information.
To order USCIS forms, call our toll-free forms line at 1-800-870-3676. You can also obtain information on immigration laws, regulations or procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our internet website at www.uscis.gov.
Use InfoPass for Appointments.
As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.
Penalties.
If you knowingly and willfully falsify or conceal a material fact or submit a false document with this request, we will deny the benefit you are seeking and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.
Privacy Act Notice.
We ask for the information on this form and associated evidence to determine if you have established eligibility for the immigration benefit you are seeking. Our legal right to ask for this information is in 8 USC 1184, 1255 and 1258. We may provide this information to other government agencies. Failure to provide this information and any requested evidence may delay a final decision or result in denial of your petition.
Paperwork Reduction Act Notice.
A person is not required to respond to a collection of information unless it displays a currently valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood and that impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex. Accordingly, the reporting burden for this collection of information is computed as follows: (1) learning about the law and form, 15 minutes; (2) completing the form, 25 minutes; and (3) assembling and filing the application, 35 minutes, for an estimated average of 1 hour and 15 minutes per response. If you have comments regarding the accuracy of this estimate or suggestions for making this form simpler, you may write to the U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachuetts Avenue, N.W., Washington, DC 20529; OMB No.1615-0026. Do not mail your completed petition to this address.