U.S. Visas: Form I-526

Immigrant Petition by Alien Entrepreneur

Form I-526 is a petition used by an alien entrepreneur to apply to the USCIS for permanent residence in the U.S.

Who can file Form I-526, Immigrant Petition by Alien Entrepreneur

VISANOW can prepare and file the I-526 petition on behalf of an alien entrepreneur whether or not he/she is presently in the U.S.

As an entrepreneur you may file the I-526 petition if you have established a new commercial enterprise:

1. In which you will engage in a material or policy-making 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 (the amount required varies by location - unless adjusted downward for targeted areas or upward for areas of high employment, the figure shall be $1,000,000);
3. Which will benefit the U.S. economy; and,
4. Which will create full-time employment in the U.S. 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 the following:

1. Creation of new business
2. The purchase of an existing business with simultaneous or subsequent restructuring or reorganization resulting in a new commercial enterprise; or
3. The expansion of an existing business through investment of the amount required, so that a substantial change (at least 40%) in the net worth, number of employees, or both, results.

When can Form I-485, Application to Register Permanent Residency or Adjust Status, be filed?

When the I-526 petition is approved, the applicant may apply to adjust status to permanent resident by filing USCIS Form I-485 (assuming the applicant’s priority date is current).

Are Dependents Eligible for Permanent Residency Based on an Approved I-526 Petition?

Yes; all children under 21 years old and the spouse of the I-526 applicant are entitled to file for permanent resideny when the I-560 petition is approved. Each applicant for permanent residency must file their own I-485 application.