The form is used to petition for
classification as an alien entrepreneur as provided by sections
121(b) and 162(b) of the Immigration Act of 1990. The data
collected on this form will be used by USCIS to determine
eligibility for the requested immigration benefit.
On June 22, 2021, the
U.S. District Court for the Northern District of California vacated
the EB-5 Immigrant Investor Program Modernization Final Rule, 84 FR
35750 (July 24, 2019). The Form I-526 was revised as part of this
rulemaking but because the rule was vacated, use of the revised
form is no longer legally permissible. USCIS must revert back to
the pre-November 2019 version of the Form I-526. Reverting to the
prior version of the Form I-526 is essential to the mission of
USCIS to avoid being held in contempt by the Court. USCIS cannot
reasonably comply with the normal clearance procedures because the
rule has already been vacated and USCIS must comply with the Court
order as soon as possible. USCIS has taken all practicable steps to
minimize the burden of this information collection. Accordingly,
USCIS revised the Form I-526 by reverting to the pre-2019 version
of the Form I-526.Changes to the form have been thoroughly reviewed
and vetted by USCIS. The revisedForm I-526 reflects the EB-5
Modernization Rule vacatur on June 22, 2021.
US Code:
8 USC
1153 Name of Law: Immigration and Nationality Act
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.