第 2 步：最终确定项目、汇入资金并提交 I-526E 申请

After an investor has prepared their source of funds documentation with an attorney, verified their qualification for the EB-5 program, selected an EB-5 project with an investment specialist, and signed the project documents, the investor must transfer the investment funds to the New Commercial Entity’s (NCE) escrow account or directly into the NCE’s bank account, depending on the terms of the offering.

Once funds have been sent to the NCE, the investment issuer will provide a receipt of the transfer. The receipt and the countersigned documentation are to be included in the I-526E petition which is filed by your immigration attorney. The I-526E petition includes the following parts:

• Investor’s personal information and official identification documents
• Derivative family member’s information and official identification documents
• Source of funds documents for the invested capital (leases, deeds, tax returns, paystubs, etc)
• Wire transfer receipts
• Project offering documents signed by the investor and the investment issuer
• Investment project information (I-956F receipt number or Fedex tracking number for the file)

Immigration attorneys typically oversee any incoming or outgoing records of the investment and petition, must be informed of all transactions, and ideally monitor every update to the investor’s immigration and investment status. Some EB-5 investors list the mailing address as their attorney’s office on the petition, in order for all relevant mail to be routed through their attorney, but this is optional given your comfort level and needs. 

Filing your I-526E Petition

The I-526E petition is the first filing in the EB-5 immigration process and submitted to the U.S. Citizenship and Immigration Services (USCIS) for adjudication, which can take anywhere from 6-15 months to over eight years depending on your investment project choice.

For regional center investors, project related documents will be prepared and provided by the investment issuer. The petition must also include the government filing fee. The USCIS still requires paper filings for many immigration benefits, including the I-526E petition, so the immigration attorney must print the forms and all supporting evidence and mail a physical copy to the USCIS. 

After filing, the USCIS issues a receipt notice by mail confirming receipt of the I-526E petition. Investors can track the progress of their cases online using the receipt number found on their receipt notice but tracking information is limited and updated infrequently. In order to avoid unnecessary delays, many attorneys may recommend using a U.S. mailing address such as the attorney’s office or the residence of a family member rather than a foreign address.

Once the I-526E petition has been filed, investors currently residing in the U.S. on certain types of non-immigrant visas may immediately file their I-485 petitions concurrently with the I-526E to adjust their status. This option enables them to obtain their work authorization and temporary residency even when their I-526E petition is pending. This option is discussed in more detail in the next stage.

The I-526E petition itself may remain pending for many years with no further updates before it is processed by the USCIS. If there is a significant delay in processing of your I-526E petition, we recommend going through our immigration process support resources.