For Applicant In the United States:
The I-526 petition is filed by the alien who has invested, or is actively in the process of investing, either $500,000.00 or $1,000,000.00, in a US business enterprise that will employ at least 10 workers.

Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to meet the investment requirements.

The completed I-526 petition, together with filing fee, and supporting documentation should be mailed to the immigration service center in the United States that has jurisdiction over the petitioner’s place of residence. A complete list of service centers is included on our web site.

Note: Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail-return receipt requested, or by some form of express mail for which you can obtain proof of receipt. This is very important in the event immigration loses your application. In that event you can submit your proof of receipt, with evidence of payment, and you can reestablish your old priority date.

In addition to completing the application, it is very important to attach substantial documentation to establish the amount of the investment, from where the funds were obtained, and how many workers the business currently has, or will have within the next two years. It is important that as much documentation as possible be submitted with the petition in order to avoid a request for additional evidence.

Once the petition is approved by US Citizenship & Immigration Services, it will be forwarded to the National Visa Center (NVC). Once the NVC receives the approved petition, they will send the petitioner a "Choice of Address and Agent" (DS-3032) form. The petitioner should complete the form and immediately send it back to the NVC. This Designation of Agent form will instruct the NVC to whom they should direct any future communications or correspondence.

The NVC will then send the petitioner or agent the fee payment instructions. This packet will instruct the petitioner or agent on how to pay the Immigrant Filing fee and Affidavit of Support fee. The fees MUST be paid online through a checking or savings account. The petitioner or agent will be provided with a case number and an invoice identification number, both of which are needed to make the online payment. The petitioner or agent should follow the instructions and make the above mentioned payments through the NVC's website. Once the payments have been made, the petitioner or agent should print out the "In Process" receipt and keep them for his/her records.

After 1-2 days, the petitioner or agent should log back into the NVC's online fee payment website, and confirm that the payments were properly processed. At this point, the petitioner or agent should print out the "payment receipts" and the "civil document sheets." These payment receipts will need to be submitted to the NVC during the next part of the case as proof of payment of both the Immigrant Filing fee and the Affidavit of Support fee.

The petitioner or agent will subsequently receive the "Packet 3" from the NVC. The purpose of this packet is to inform the petitioner or agent of which civil documents and affidavit of support documentation they will need to submit to the NVC on behalf of the visa applicants. The Packet 3 will also contain Department of State form DS-230, which needs to be completed by the beneficiary. The petitioner will need to submit certain ORIGINAL documents, the executed DS-230, passport type photos of the beneficiary, as well as the Affidavit of Support form (I-864), together with supporting documentation. The petitioner or agent should refer to the State Department website for the Affidavit of Support instructions. Once the appropriate civil documents, DS-230, and affidavit of support documentation are collected, the petitioner or agent will need to send them to the NVC with instructions to forward them to the US Consulate in the country where the beneficiary resides. Please note that proof of online payment should be sent to the NVC with the Packet 3 response. Also, a separate Packet 3 needs to be sent for each of the beneficiary's accompanying family members.

Once the NVC receives the Packet 3 documentation, they will either send the petitioner or agent a request for further documentation OR forward the case to the appropriate US Consulate for an interview. Notice of the scheduled appointment will also be sent to the beneficiary. In the appointment notice, the beneficiary (and any accompanying family members) will be notified of the date and time of the interview and it may require the beneficiary(s) to bring additional items to the interview. At the interview, a US Consular officer will review the documentation and question the applicants regarding their application. If the officer is satisfied that the beneficiary(s) qualifies for the benefit sought, the beneficiary and any qualified accompanying family members will be issued an immigrant visa package to present to the US Customs & Border Protection official at their port of entry to the United States. They then have up to six (6) months to enter the United States with their immigrant visas. Note: The accompanying family members may not enter the United States prior to the principal applicant.

At the time of entry to the US, the Customs officer will place a temporary resident stamp in the applicant's passport (and family members if any) which will constitute evidence of permanent resident status and work authorization, until the alien card arrives in the mail. It usually takes 1-3 months to receive the alien card, but during this period the person is entitled to all the rights of a permanent resident including the right to work, travel, attend school, petition for qualifying family members, etc.

For Applicant Outside the United States:
The I-526 petition is filed by the alien who has invested, or is actively in the process of investing, either $500,000.00 or $1,000,000.00, in a US business enterprise that will employ at least 10 workers.

Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to meet the investment requirements.

The completed I-526 petition, together with filing fee, and supporting documentation should be mailed to the immigration service center in the United States that has jurisdiction over the petitioner’s place of residence.

Note: Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail-return receipt requested, or by some form of express mail for which you can obtain proof of receipt. This is very important in the event immigration loses your application. In that event you can submit your proof of receipt, with evidence of payment, and you can reestablish your old priority date.

In addition to completing the application, it is very important to attach substantial documentation to establish the amount of the investment, from where the funds were obtained, and how many workers the business currently has, or will have within the next two years. It is important that as much documentation as possible be submitted with the petition in order to avoid a request for additional evidence.

Once the petition is approved, the immigration service will send the petitioner form I-797, Notice of Action on an application or petition. The original approved petition is sent to the National Visa Center in New Hampshire. The NVC will then send a form entitled Choice of Address and Agent for Immigrant Visa Applicants (DS-3032) to the principal beneficiary of the immigrant visa petition. The DS-3032 will allow the beneficiary to designate an address and agent (typically a relative or attorney based in the U.S.) to which the NVC should direct future communications. Once this form is returned to the NVC, packet 3 (Application for Immigrant Visa and Alien Registration—Part I) will be sent to the designated person. Packet 3 is completed and then sent to the consulate where the beneficiary will apply for an immigrant (permanent resident) visa. At that time, packet 4 (Application for Immigrant Visa and Alien Registration—Part II) is completed by the beneficiary(s) and presented at the time of the final consular appointment.

Please remember that if there are any accompanying family members, (spouse or unmarried child under the age of 21), a separate package of each of the above documents must also be sent.

Following the consular interview, an immigrant visa package will be given to each applicant. They then have up to six (6) months to enter the United States with their immigrant visas. Note: The accompanying family members may not enter the United States prior to the principal applicant.

At the time of entry to the US a temporary resident stamp will be placed in the applicant’s passport (and family members if any) which will constitute evidence of permanent residence status and work authorization, until the alien card arrives in the mail. It usually takes 1-3 months to receive the alien card, but during this period the person is entitled to all the rights of a permanent resident including the right to work, travel, attend school, petition for qualifying family members, etc.