Immigrant Petition by Alien Entrepreneur

OMB No. 1615-0026; Exp. 11/30/09

Instructions for I-526, Immigrant
Petition by Alien Entrepreneur

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

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

NOTE: The filing fee is $1,435. Refer to "What is the
Fee?" on Page 2.

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

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 million. You may obtain additional
information from our website at www.uscis.gov, or a U.S.
Embassy or consulate abroad.

General Instructions
Fill Out 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.

Who May File Form I-526?
You may file this petition for yourself if you have established
a new commercial enterprise:

3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "None."

DRAFT

1. In which you will engage in a managerial or policymaking capacity; and

Initial Evidence Requirements
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

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.

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.

Form I-526 (Rev. 12/05/08)Y

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.
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.

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 a 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?

DRAFT

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, Form I-9s, 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.

Regardless of the location of the new commercial enterprise,
file Form I-526 to:
USCIS California Service Center
P.O. Box 10526
Laguna Niguel, CA 92607-0526

What Is the Fee?
The filing fee for Form I-526 is $1,435.
Use the following guidelines when you prepare your check or
money order for 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

Form I-526 (Rev. 12/05/08)Y Page 2

2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam, make it payable to Treasurer,
Guam.
B. If you live in the U.S. Virgin Islands, 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. Embassy
or consulate for instructions on the method of payment.
NOTE: 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;

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 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 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.

DRAFT

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.

Approval

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 you may complete and
mail 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

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 a U.S. 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 a U.S. 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.

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

Form I-526 (Rev. 12/05/08)Y Page 3

Meaning of Petition Approval

Privacy Act Notice

Approval of a petition shows only that you have established
that you have made a qualifying investment. It does not
guarantee that the U.S. Embassy or consulate will issue the
immigrant visa. There are other requirements that must be met
before a visa can be issued. The U.S. Embassy or consulate
will notify you of those requirements. Immigrant status
granted based on this petition will be conditional. Two years
after entry, you 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.

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.

DRAFT

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
Form I-526 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. 12/05/08)Y Page 4