Instructions For Immigrant Petition By Alien Entrepreneur (Form I-526) (Page 10 of 13) in pdf

3. Investment. Evidence that you have invested or are actively in the process of investing the required amount of

capital.

Such evidence may include, but need not be limited to, copies of bank statements showing amounts deposited into

the U.S. business accounts for the enterprise, evidence of assets that have been purchased for use in the enterprise,

evidence of property transferred from abroad for use in the enterprise, evidence of monies transferred or committed to

be transferred to the NCE in exchange for shares of stock that cannot be redeemed at the holder’s request, or any loan

or mortgage agreement, promissory note, security agreement, or other evidence of borrowing that is secured by assets

owned by the petitioner (other than those of the NCE) and for which the petitioner is personally and primarily liable.

4. Lawful Capital. Evidence that the capital you invested or are actively in the process of investing was obtained

through lawful means. You must include the following documents, as applicable, with your petition: foreign

business registration records, tax returns of any kind filed by you or on your behalf within the last five years in or

outside the United States, evidence of other sources of capital, or certified copies of any judgments, or evidence of all

pending governmental administrative, civil or criminal actions, and any private civil actions (pending or otherwise)

involving monetary judgments against the petitioner from any court in or outside the United States within the past 15

years.

5. Job Creation. Evidence that the enterprise has created or will create at least ten full-time positions for qualifying

employees. Qualifying employee means a U.S. citizen, lawful permanent resident, or other immigrant lawfully

authorized to be employed in the United States. This definition does not include you, your spouse, your sons or

daughters, or any nonimmigrant alien. Such evidence must consist of copies of relevant tax records, Form I-9s, or

other similar documents, if the employees have already been hired, or a comprehensive business plan showing when

such employees will be hired.

For cases involving troubled businesses, the petition must be accompanied by evidence that the number of

existing employees is being or will be maintained at no less than the pre-investment level for a period of at least

two years. Photocopies of tax records, Forms I-9s, or other relevant documents for the qualifying employees and a

comprehensive business plan must be submitted.

For regional center cases, the full-time positions can be created either directly or indirectly by the NCE. Investors

investing in a regional center are subject to all the same program requirements except that they may rely on indirect

job creation as demonstrated through reasonable methodologies.

6. Position and Responsibilities in Enterprise. Evidence that you are or will be engaged in the management of the

enterprise, either through the exercise of day-to-day managerial control or through policy formulation. Such evidence

must include a statement of your position title and a complete description of your duties, evidence that you are a

corporate officer or hold a seat on the board of directors; or, if the NCE is a partnership, either limited or general,

evidence that you are engaged in either direct management or policy-making activities. If the petitioner is a limited

partner of a limited partnership and the limited partnership agreement provides the petitioner with certain rights,

powers, and duties normally granted to limited partners under the Uniform Limited Partnership Act, the petitioner will

be considered sufficiently engaged in the management of the NCE.

What Is the Filing Fee?

The filing fee for Form I-526 is $3,675.

NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH.

You must submit all fees in the exact amount.

Form I-526 Instructions 05/30/17 N

Page 10 of 13

Instructions For Immigrant Petition By Alien Entrepreneur (Form I-526) Page 10