Immigrant Petition by Alien Entrepreneur

OMB No. 1615-0026; Exp. 09/30/08

Instructions for I-526, Immigrant
Petition by Alien Entrepreneur

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the section and number of the item to which the answer refers.

What Is The Purpose of This Form I-526?
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.

Who May File Form I-526?
You may file this petition for yourself if you have established
a new commercial enterprise:
1. In which you will engage in a managerial or policymaking capacity, and
2. 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
3. Which will benefit the U.S. economy, and
4. 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:
1. Creation of a new business;
2. The purchase of an existing business with simultaneous
or subsequent restructuring or reorganization resulting
in a new commercial enterprise; or
3. 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 Instructions.
Fill Out the Form I-526
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."

Initial Evidence Requirements.
The following evidence must be filed with your petition:
1. 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.
2. 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.
3. 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.

Form I-526 (Rev. 07/30/07)Y

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.
4. 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 copies 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.
5. Evidence that the enterprise will create at least ten fulltime 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.
6. 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.
Translations. Any document containing foreign language
submitted to the Service shall be accompanied by a full
English language translation which the translator has certified
as complete and accurate, and by the translator's certification
that he or she is competent to translate from the foreign
language into English.
Copies. Unless specifically required that an original document
be filed with an application or petition, an ordinary legible
photocopy may be submitted. Original documents submitted
when not required will remain a part of the record, even if the
submission was not required.

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 Filing Fee?
The filing fee for the Form I-526 is $1,435.00.
Use the following guidelines when you prepare your check or
money order for the Form I-526:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States
and must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.
C. If you live outside the United States, Guam, or the
U.S. Virgin Islands, contact the nearest U.S.
consulate or embassy for instructions on the
method of payment.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."

How to Check If the Fees Are Correct.
The form 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
fees are correct by following one of the steps below:
1. Visit our website at www.uscis.gov, select
"Immigration Forms" and check the appropriate fee;

Form I-526 (Rev. 07/30/07)Y Page 2

2. Review the Fee Schedule included in your form
package, if you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

Address Changes.
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on-line at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail
to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

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 Form I-526 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 Form I-526.
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.

Decision. The decision on the Form I-526 involves a
determination of whether you have established eligibility for
the requested benefit. You will be notified of the decision in
writing.

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.

USCIS Forms and Information.
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our internet website at www.uscis.
gov.
As an altenative 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. 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.

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 filing for, and may deny any other
immigration benefit.
In addition, you will face severe penalties provided by law,
and may be subject to criminal prosecution.
Form I-526 (Rev. 07/30/07)Y Page 3

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 for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. 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 Form I-526.

Paperwork Reduction Act.
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 1 hour and 15 minutes
per response, including the time for reviewing instructions,
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Management Division, 111 Massachusetts
Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529.
OMB No. 1615-0026. Do not mail your application to this
address.

Form I-526 (Rev. 07/30/07)Y Page 4