Immigrant Petition by Alien Entrepreneur

OMB No. 1615-0026; Exp. 05/31/2013
Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions for Form I-526, Immigrant
Petition by Alien Entrepreneur

Draft
Not For
Reproduction

NOTE: The filing fee is $1,500. Refer to "What Is the
Fee?" on Page 3.

What Is the Purpose of Form I-526?

Form is used by an entrepreneur to petition U.S. Citizenship
and Immigration Services (USCIS) for status as an immigrant
to the United States under 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;

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;
3. Which will benefit the U.S. economy; and

4. Which will create full-time employment in the United
States for at least 10 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. Purchase of an existing business with simultaneous or
subsequent restructuring or reorganization resulting in a
new commercial enterprise; or
3. 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 million. You may obtain additional
information from our Web site at www.uscis.gov, or a U.S.
Embassy or consulate abroad.

General Instructions

Each petition must be accompanied by the appropriate filing
fee.
Translations. Any document containing a foreign language
submitted to USCIS must be accompanied by a full English
language translation that 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.
How to 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.
3. Answer all questions fully and accurately. If an item is not
applicable or the answer is "none," leave the space blank.
4. Page 1, Part 1. Information About You. If you are in
the United States, provide the following information:
Form I-94 Arrival-Departure Record. If U.S. Customs
and Border Protection (CBP) or USCIS issued you a Form
I-94, Arrival-Departure Record, provide your I-94
admission number and date that your authorized period of
stay expires or expired (as shown on the Form I-94). The
I-94 admission number also is known as the Departure
Number on some versions of Form I-94.
NOTE: If you were admitted to the United States by CBP
at an airport or seaport after April 30, 2013, you may have
been issued an electronic Form I-94 by CBP, instead of a
paper Form I-94. You may visit the CBP Web site at
www.cbp.gov/i94 to obtain a paper version of an
electronic Form I-94. CBP does not charge a fee for this
service. Some travelers admitted to the United States at a
land border, or air or sea port, after April 30, 2013 with a
passport or travel document, who were issued a paper
Form I-94 by CBP, may also be able to obtain a
replacement Form I-94 from the CBP Web site without
charge. If the Form I-94 cannot be obtained from the CBP
Web site, it may be obtained by filing Form I-102,
Application for Replacement/Initial Nonimmigrant
Arrival-Departure Record, with USCIS. USCIS does
charge a fee for this service.

Form I-526 Instructions 08/12/13 N

Passport and Travel Document Numbers. You should
have used either a passport or travel document to travel to
the United States. Record either the passport document
information OR travel document information in the
appropriate space on the form, even if the document is
currently expired.

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.

Draft
Not For
Reproduction

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 that
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.

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 5 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 10 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, 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 2 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.

What Is the Fee?
The filing fee for Form I-526 is $1,500.
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
2. Make the check or money order payable to U.S.
Department of Homeland Security.
NOTE: Spell out U.S. Department of Homeland Security;
do not use the initials "USDHS" or "DHS."

Form I-526 Instructions 08/12/13 N

3. If you live outside the United States, contact the nearest
U.S. Embassy or consulate for instructions on the method
of payment.

Request 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.

Draft
Not For
Reproduction

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 the USCIS Web site at www.uscis.gov, select
"FORMS," and check the appropriate fee; or

2.

Telephone the USCIS National Customer Service Center
at 1-800-375-5283 and ask for the fee information. For
TDD (hearing impaired) call 1-800-767-1833.

Where to File?

Please see our Web site at www.uscis.gov/I-526 or call the
USCIS National Customer Service Center at 1-800-375-5283
for the most current information about where to file this
benefit request. For TDD (hearing impaired) call:
1-800-767-1833.

Address Changes
If you have changed your address, you must inform USCIS of
your new address. For information on filing a change of
address go to the USCIS Web site at www.uscis.gov/
addresschange or contact the USCIS National Customer
Service Center at 1-800-375-5283.
NOTE: Do not submit a change of address request to USCIS
Lockbox facilities because USCIS Lockbox facilities do not
process change of address requests.

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.
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 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.
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 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.

Processing Information

Denial

Acceptance

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.

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.

USCIS Forms and Information
You can get USCIS forms and immigration-related
information on the USCIS Web site at www.uscis.gov. You
may order USCIS forms by calling our toll-free number at
1-800-870-3676. You may also obtain forms and information
by telephoning our USCIS National Customer Service Center
at 1-800-375-5283.

Form I-526 Instructions 08/12/13 N

As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
USCIS Intenet-based system, InfoPass. To access the system,
visit USCIS Web site. 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

The Department of Homeland Security has the right to verify
any information you submit to establish eligibility for the
immigration benefit you are seeking at any time. Our legal
right to verify this information is in 8 U.S.C. 1103, 1155,
1184, and 8 CFR parts 103, 204, 205, and 214. To ensure
compliance with applicable laws and authorities, USCIS may
verify information before or after your case has been decided.
Agency verification methods may include, but are not limited
to: review of public records and information; contact via
written correspondence, the Internet, facsimile or other
electronic transmission, or telephone; unannounced physical
site inspections of residences and places of employment; and
interviews. Information obtained through verification will be
used to assess your compliance with the laws and to determine
your eligibility for the benefit sought.

Draft
Not For
Reproduction

If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this request, we will deny
your 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.

USCIS Privacy Act Statement

AUTHORITIES: The information requested on this form,
and the associated evidence, is collected under the
Immigration and Nationality Act, section 101, et seq.

PURPOSE: The primary purpose for providing the requested
information on this form is to determine if you have
established eligibility for the immigration benefit for which
you are filing. The information you provide will be used to
grant or deny the benefit sought.
DISCLOSURE: The information you provide is voluntary.
However, failure to provide the requested information, and
any requested evidence, may delay a final decision or result in
denial of your form.

ROUTINE USES: The information you provide on this form
may be shared with other Federal, State, local, and foreign
government agencies and authorized organizations following
approved routine uses described in the associated published
system of records notices [DHS-USCIS-007-Benefits
Information System and DHS-USCIS-001-Alien File, Index,
and National File Tracking System of Records, which can be
found at www.dhs.gov/privacy]. The information may also be
made available, as appropriate, for law enforcement purposes
or in the interest of national security.

Subject to the restrictions under 8 CFR part 103.2(b)(16), you
will be provided an opportunity to address any adverse or
derogatory information that may result from a USCIS
compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated
an adverse action that may result in revocation or termination
of an approval.

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 20
minutes per response, including the time for reviewing
instructions and 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 Coordination Division, Office of Policy
and Strategy, 20 Massachusetts Ave NW,Washington, DC
20529-2140. OMB No. 1615-0026. Do not mail your
completed I-526 application to this address.

USCIS Compliance Review and Monitoring
By signing this form, you have stated under penalty of perjury
(28 U.S.C.1746) that all information and documentation
submitted with this form is true and correct. You also have
authorized the release of any information from your records
that USCIS may need to determine eligibility for the benefit
you are seeking and consented to USCIS' verification of such
information.

Form I-526 Instructions 08/12/13 N