Foreign nationals seeking permanent residence in the United States through investment must begin their applications with the filing of either Form I-526 or Form I-526E, depending on the investment arrangement, under guidelines released by the US Citizenship and Immigration Services (USCIS).

The agency outlined the application requirements for its EB-5 immigrant investor programme, explaining the procedures investors must follow to obtain permanent resident status for themselves and eligible family members.
Under the programme, applicants investing directly in a qualifying business are required to submit Form I-526, while those investing through a government-approved regional centre must file Form I-526E.

The initial petition is the first major step in the process, through which applicants establish their eligibility under the investment immigration scheme.

The EB-5 programme provides a pathway to permanent residence for eligible foreign nationals who make qualifying investments in the US economy and meet the programme’s job creation requirements.

According to the USCIS guidelines, investors whose petitions are approved must proceed with the appropriate application for an immigrant visa or adjustment of status, depending on whether they are applying from outside or within the United States.

Successful applicants are initially granted conditional permanent residence for two years.
The conditional status also extends to qualifying family members included in the application.
Before the expiration of the two-year period, investors must take further steps to remove the conditions attached to their residence.

This requires filing the appropriate petition to demonstrate that they have fulfilled the programme’s investment and job creation obligations.

Once the conditions are successfully removed, the investor and eligible family members may obtain permanent resident status without the initial two-year restriction.

The USCIS said its published guidance provides prospective applicants with a breakdown of the forms and procedures required at the different stages of the EB-5 immigration process.

The programme remains one of the investment-based routes through which foreign nationals can seek lawful permanent residence in the United States