Immigrant Petition by Standalone Investor, Immigrant Petition by Regional Center Investor

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-526 Immigrant Petition by Alien Entrepreneur	Form	Modified	Available
Form I-526 Immigrant Petition by Standalone Investor	Form	Modified	Repair queued
Form I-526E Immigrant Petition by Regional Center Investor	Form	New	Available
Form I-526E Immigrant Petition by Regional Center Investor	Form	New	Repair queued
I-526-014 REV Supporting Statement - Final Version 02082023.docx	Supporting Statement A	Uploaded 2023-02-08	Repair queued
I-526-014 REV 30-Day Public Comment Response Matrix 02082023.pdf	Supplementary Document	Uploaded 2023-02-08	Repair queued
I526-014-INS-TOC-REV-OMBReview-02092023.docx	Supplementary Document	Uploaded 2023-02-09	Repair queued
I526-014-FRM-TOC-REV-OMBReview-02092023.docx	Supplementary Document	Uploaded 2023-02-09	Repair queued
I-526-014 REV 60-Day Public Comment Response Matrix 11082022.pdf	Supplementary Document	Uploaded 2022-12-12	Repair queued
USCIS-2007-0021 30-Day FRN 87-FR-78990.pdf	Supplementary Document	Uploaded 2022-12-27	Repair queued
USCIS-2007-0021 60-Day FRN 87-FR-51696.pdf	Supplementary Document	Uploaded 2022-11-25	Repair queued
SORN - DHS-USCIS-007 - BIS.pdf	Supplementary Document	Uploaded 2019-07-19	Repair queued
SORN - DHS-USCIS-001 -A File.pdf	Supplementary Document	Uploaded 2019-07-19	Repair queued
PIA -DHS-USCIS-PIA-016(a) CLAIMS 3.pdf	Supplementary Document	Uploaded 2019-07-19	Repair queued
PIA - USCIS-IDDMP.pdf	Supplementary Document	Uploaded 2019-07-19	Repair queued
I-526-014 REV - Reference Cites 20221227.docx	Supplementary Document	Uploaded 2022-12-27	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
43926	Immigrant Petition by Standalone Investor	Form	Modified	Immigrant Petition by Alien Entrepreneur
43926	Immigrant Petition by Standalone Investor	Form	Modified
43926	Immigrant Petition by Standalone Investor	Instruction	Modified
257502	Immigrant Petition by Regional Center Investor	Form	New	Immigrant Petition by Regional Center Investor
257502	Immigrant Petition by Regional Center Investor	Form	New
257502	Immigrant Petition by Regional Center Investor	Instruction	New

ICR Details

OMB Control No: 1615-0026	ICR Reference No: 202211-1615-007
Status: Historical Active	Previous ICR Reference No: 202203-1615-003
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-526, I-526E
Title: Immigrant Petition by Standalone Investor, Immigrant Petition by Regional Center Investor
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 07/24/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/14/2023
Terms of Clearance: Approved for two years only. At the next renewal, USCIS will provide a timeline for when the I-526/I-526E will be available for electronic filing and a status update on whether a decision to issue regulations or sub-regulatory guidance to address points of clarification (as identified by public comments) has been reached.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2025	36 Months From Approved	07/31/2025
Responses	4,504	0	3,656
Time Burden (Hours)	8,256	0	6,690
Cost Burden (Dollars)	4,954,400	0	4,021,600

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Abstract: The form I-526 is used by a standalone investor to petition USCIS for status as an immigrant to the United States under section 203(b)(5) of the Immigration and Nationality Act (INA), as amended. The form I-526E is used by an investor pooling their investment with one or more qualified immigrants participating in the Regional Center Program to petition USCIS for status as an immigrant to the United Stated under section 203(b)(5) of the Immigration Nationality Act (INA), as amended. A regional center investor may also use Form I-526E to report any amendments necessary to establish ongoing eligibility if the regional center, new commercial enterprise, or job-creating entity in which the investor has invested is terminated or debarred from participation in the Regional Center Program. The data collected on this information collection will be used by USCIS to determine eligibility for the requested immigration benefit.

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Authorizing Statute(s): US Code: 8 USC 1153 Name of Law: Immigration and Nationality Act
   PL: Pub.L. 117 - 103 101 - 108 Name of Law: EB-5 Reform and Integrity Act of 2022
  

Citations for New Statutory Requirements: PL: Pub.L. 117 - 103 101 - 108 Name of Law: EB-5 Reform and Integrity Act of 2022

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 51696	08/23/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 78990	12/23/2022
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Immigrant Petition by Regional Center Investor	I-526E	Immigrant Petition by Regional Center Investor
Immigrant Petition by Standalone Investor	I-526	Immigrant Petition by Alien Entrepreneur

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	4,504	3,656	0	848	0	0
Annual Time Burden (Hours)	8,256	6,690	0	1,566	0	0
Annual Cost Burden (Dollars)	4,954,400	4,021,600	0	932,800	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Forms

Short Statement: The estimated annual time burden (in hours) and estimated annual cost burden increased due to an increase in the agency estimated number of respondents, which includes both Standalone and Regional Center Investors. The respondents associated with the I-526 have now been split between Form I-526 (Standalone Investor) and the newly developed Form I-526E (Regional Center Investor).

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Annual Cost to Federal Government: $20,532,200

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 02/14/2023

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