I-526 Petitions


Posted on 07/30/2012 by Mark A. Ivener, A Law Corporation

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Question: In many cases, a business cannot actually purchase or enter into a lease for the location until after the investor’s Form I-526 has been approved and funds are available. Recognizing that the economic analysis submitted with the I-526 would have to address each location being considered, can the I-526 identify several possible locations for the business or an area in which the business could be located, but not yet make the specific selection of location and then choose one after the I-526 is approved?

Answer: The business plan to be submitted with the Form I-526 petition must be in compliance with Matter of Ho. The information to be presented regarding the location of the business and possible contingent locations must contain sufficient detail to meet the Matter of Ho requirements. The determination regarding whether sufficient detail is presented must be analyzed on a case-by-case basis.

Taken directly from USCIS EB-5 Immigrant Investor Program Quarterly Stakeholder Engagement on May 1, 2012.

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About the Author

Mark Ivener is an experienced business and EB-5 immigration attorney who has written 5 books on Immigration Law as well as has written numerous articles and spoken at many events on EB-5 topics.