Step 2: I-526 Documentation

Investor Documentation Required for the I-526 Application:

 One copy of each of the below listed documents must be submitted with the application.  Original documents should be retained for presentation at the consulate interview.  If the immigrant investor is in a foreign country, an interview at the U.S. consulate will be conducted during the process of the I-526 application.  For investors who are already in the U.S., the interview is held at a USCIS service center.  All documents have to be fully translated into English by a certified translator.

Passports:

  • Clear copies of passports for each member of the family, current and expired.
  • The immigrant investor, his/her spouse, and unmarried children under the age of 21 are eligible for the EB-5 Immigrant Investor Visa.
  • The passports must be valid for travel to the United States and must have at least 6 month’s validity beyond the issuance date of the visa.

 Family Certificates:

  • Birth Certificates:  Unabridged birth certificates for the investor and each family member named in the application.  Birth records must be presented for all unmarried children under the age of 21, even if they do not wish to immigrate at the time.  Must show the investor’s full name, date and place of birth, as well as full names of both of investor’s parents.
  • Investor’s marriage certificate:  Long form, unabridged, should indicate the marital status of both spouses at the time of marriage, as well as the date and place of birth of both spouses.
  • Divorce decreeor final decree of annulment, if applicable:  If the investor and/or the investor’s spouse have/has been married previously, original court-certified copies of the final divorce decree(s) must be provided.
  • Death certificate of former spouse of either the principal investor or spouse, if applicable.
  • Adoption papers:  if the investor, the investor’s spouse, or any of the investor’s children have been adopted.

Photographs:

  • Two color photographs in passport style
  • No head covering or dark glasses should be worn in these pictures

Financial Statements and Evidence of Net Worth:

  • Evidence of a net worth of at least $1,000,000 US
  • Bank statements of immigrant investor and/or spouse
  • Documents showing ownership in real estate or a company, accompanied by an appraisal of value and registration of ownership,
  • Gift statements (with evidence of paid taxes, if applicable), a loan statement, etc.
  • U.S. and foreign personal tax returns, if available
  • Completions of a qualifying investor questionnaire to show that the investor is an “accredited investor” as state and federal law define that term.

Resumé:

  • Information on the Investor detailing education (college degrees, if applicable, showing diplomas, transcripts of courses taken), employment history, and business experience, details of the Investor’s immigration history and the immigration history of each member of the Investor’s family, including I-94 forms for each member of the family.

Military Records:

  • Only apply to U.S. Consulate immigrant visa applicant
  • A certified copy of any military record

Police Certificates:

  • Each EB-5 visa applicant 16 years or older is required to submit a police certificate from the police of each locality of the country of the applicant’s nationality or current residence or where the applicant has resided for at least six months since turning 16.
  • Also required from all other countries where the applicant has been arrested for any reason, and must be of recent date when presented.  Police certificates must cover the entire period of the applicant’s residence in any area.

 Court/Prison Records

  • Persons who have been convicted of a crime must obtain a certified copy of each court record and of any prison record, regardless of subsequent benefit from an amnesty, pardon, or other act of clemency.

Medical Examination

  • Persons who enter the United States desiring to become permanent residents must be healthy and free of communicable disease.  A thorough medical examination must be performed prior to the interview that has to be held at the US Consulate prior to a person being approved for the I-526 Petition.

Consular Interview

Prospective Immigrant Investors with their families must travel to the US Consulate in their own country for an interview prior to adjudication of the I-526 by the USCIS.  If family members are in different countries, they may interview at the US Consulate in the country in which they are located at the time of interview.

Establishment of Residence in the United States

When an Immigrant Investor’s I-526 Petition is approved, he/she needs to establish residency in the US.  The Immigrant Investor needs to travel to the US, rent or buy housing, open a checking account, get a driver’s license, get a library card (e.g. do those things that establish an intent to live in the US).  An immigrant investor must spend 6 months and 1 day a year residing in the US.  If business or family affairs were to require the alien resident to leave the US for longer than this time, the individual must apply to USCIS for a reentry permit.  The Immigration and Naturalization Service will look to signs that may point to the Investor’s intent not to reside in the US and invoke “abandonment of residency” rules, at which point the permanent green card may be lost.