Form I-526, Immigrant Petition by Standalone Investor, is filed with USCIS by foreign nationals seeking a U.S. green card through the EB-5 Immigrant Investor Program’s direct investment path. Unlike the Regional Center route (Form I-526E), a standalone I-526 petitioner personally manages a new commercial enterprise rather than investing through a pooled project. Approval establishes eligibility for a conditional permanent resident green card for the investor and qualifying family members.
Petitioners must invest at least $1,050,000, or $800,000 if the enterprise operates in a Targeted Employment Area (rural or high-unemployment). The new commercial enterprise must be formed after November 29, 1990, and create or preserve ten full-time jobs for U.S. workers within two years of the investor’s admission as a conditional resident. The investor must also be involved in day-to-day management or policy-making, and all invested funds must be traceable to a lawful source.
Standalone I-526 petitions carry far more personal exposure than Regional Center filings, since the investor — not a project sponsor — must prove business viability, job-creation methodology, and lawful source of funds single-handedly. Immigration Professional Association builds the business plan, financial projections, and source-of-funds package together, anticipating the specific evidentiary gaps that trigger USCIS Requests for Evidence in direct EB-5 cases.
USCIS scrutinizes every dollar in a standalone I-526 petition far more closely than in pooled EB-5 filings, since there's no regional center offering memorandum to lend structure to the evidence. Investors must document the complete chain of ownership for invested capital — salary history, business sale proceeds, gifts, loans, or inheritance — with bank records, tax filings, and notarized explanations. Gaps in this chain are the single most common cause of RFEs and denials.
Because there's no regional center project plan to rely on, your Matter of Ho-compliant business plan must independently demonstrate the enterprise's viability and its path to creating ten qualifying jobs. USCIS evaluates market analysis, staffing timelines, and financial projections in detail. A thin or generic plan undermines an otherwise well-funded petition, regardless of how much capital was actually invested.
Standalone investors must show genuine involvement in day-to-day operations or policy formulation — a passive ownership stake doesn't qualify. USCIS may request organizational charts, employment agreements, or operating documents showing your actual decision-making role. Petitioners who can't substantiate hands-on management risk denial even when investment amount and job creation otherwise meet EB-5 requirements.
Before submitting your application, always confirm that you are using the most recent edition of the form available from USCIS.gov. Filing outdated forms may result in rejection.
Comprehensive review of the investor’s target business, investment amount, and TEA qualification before filing begins. Average budget: $1,500–$3,500.
Drafting a USCIS-compliant business plan with market analysis, job creation methodology, and financial projections. Average budget: $5,000–$15,000.
Tracing and documenting the lawful origin of invested capital through bank records, tax filings, and supporting declarations. Average budget: $4,000–$10,000.
Complete preparation, review, and filing of Form I-526 and all supporting evidence with USCIS. Average budget: $10,000–$25,000.
Guidance on entity formation, operating agreements, and corporate structuring for the new commercial enterprise. Average budget: $2,500–$6,000.
Legal analysis and evidence compilation to respond to a USCIS Request for Evidence on a pending I-526 petition. Average budget: $3,000–$8,000.
Assistance transitioning from I-526 approval to Form I-485 adjustment of status or DS-260 consular processing for conditional green card issuance. Average budget: $3,500–$9,000.
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