The First Step in the Path to U.S. Immigration: Filing Form I-526 and I-526E

The journey toward obtaining a green card through the EB-5 program begins with an important milestone: filing Form I-526 (for Direct EB-5) or Form I-526E (for Regional Center EB-5). It is the first major step in the EB-5 process.

Through this petition, the United States Citizenship and Immigration Service (USCIS) reviews whether the investment meets EB-5 program requirements and whether the investor may be eligible for classification as an EB-5 immigrant investor.

To support the I-526 petition, investors submit comprehensive evidence, which includes—

A. Proof of Investment

Documentation showing that the required capital has been invested or is actively in the process of being invested in a qualifying commercial enterprise.

Evidence from Petitioner of Funds Transferred Into the EB-5 Project

Provide documentation showing the path of funds from a personal account to the NCE (New Commercial Enterprise), which may include:

• Wire transfer receipts;
• Bank statements (personal and or business) showing fund withdrawal;
• Transaction confirmations from financial institutions;
• Cancelled checks (if applicable).

Documentation from the EB-5 Project (Regional Center Investors filing Form I-526E)

• Capital contribution receipt from the NCE
• Acknowledgment letter confirming that the funds have been received
• Subscription Agreement
• Operating Agreement

Proof of Commitment to Invest (if the Capital Investment amount of 800K is not fully invested yet)

• Agreement/Contracts showing a legally binding commitment to invest the remaining balance

B. Lawful Source and Path of Funds

For an EB-5 I-526/I-526E petition, the lawful source of funds (SOF) requirement is one of the most important parts of the application. USCIS reviews whether the invested capital was obtained through lawful, traceable means and is supported by appropriate documentation.

To present a clear money trail, detailed financial records should demonstrate that invested funds were obtained lawfully and can be traced from their origin to the EB-5 project.

Documentation must show:

• Where the money came from (source of funds)
• How it moved through each financial institution (path of funds)/li>
• How it arrived in the EB-5 project (final investment evidence)

Source of funds can include:

1. Employment Income (Salary, Bonuses, Commissions) can include:

• Pay stubs/salary slips
• Employment contract or offer letter
• Employer reference letter verifying employment and compensation
• Bank statements showing salary deposits
• Income tax returns
• Bonus/commission statements

2. Business Profits, can include:

• Business registration
• Business license(s)
• Audited Financials (Profit & Loss statements) for the Business
• Bank statements for the business
• Corporate and personal tax returns

3. Sale of Property (Real Estate or Assets) can include:

• Sale deed or purchase/sale agreement
• Proof of ownership (title deed)
• Tax records for the property
• Receipt of sale proceeds in the account

If the property was inherited, documentation should demonstrate that the inheritance was obtained lawfully.

4. Loans – Secured and Unsecured Loans may be used; can include:

• Loan agreement
• Bank statements showing disbursement of loan funds
• Loan security documents
• Proof of lender's legitimacy (if non-bank)

A private lender should be able to demonstrate a lawful source of the loaned funds.

5. Gifts – Gifts may be used; can include:

• Gift affidavit from the donor
• Donor's lawful source of funds documentation
• Bank statements showing gift transfer

6. Inheritance – Inheritance may be used; can include:

• Will or estate distribution documents
• Death certificate (where needed)
• Bank statements showing receipt of inherited money or sale of inherited property

7. Investment Earnings, if the funding comes from stocks, crypto, bonds, or other investments, can include:

• Brokerage statements
• Purchase and sale records
• Tax filings showing capital gains
• Bank statements showing a transfer from the brokerage to the bank

C. Project Job Creation Plan should be submitted with the I-526E Application Package

A credible economic analysis and business plan outlining how the investment is intended to create at least 10 full-time U.S. jobs, either directly (for direct investments) or through direct and indirect employment (for regional center projects).

D. Processing Times

USCIS processing times vary by project type. The I-526E adjudication timeframe may be around 12–24 months or longer depending on individual case factors. Processing times are subject to change; investors should verify current estimates directly at uscis.gov prior to filing.

Rural TEA projects may qualify for priority processing under current USCIS policies as of April 2026, which can affect overall wait times. Applicants should confirm current policy status with USCIS or qualified immigration counsel before relying on priority processing eligibility.

This article was written by immigration attorney Seema Mehta, founder and Managing Attorney of the Law Offices of Seema Mehta (LOSM), where she specializes in immigration law, with a particular focus on EB-5 visa program.

With more than 20 years of experience, she represents clients, including corporations, healthcare facilities, government organizations, and universities, both in the United States and worldwide. Mehta is dedicated to navigating the complexities of U.S. immigration law, particularly in a changing political climate, by providing her clients with the latest information and professional assistance.