I-526E Petition Checklist and Common Omissions

Form I-526E is the first formal petition a regional center investor files in the EB-5 process. It must establish both that the investor qualifies and that the project meets the requirements of the EB-5 Reform and Integrity Act of 2022 (RIA). The underlying documents come from three sources: the investor, the attorney, and the regional center. A gap on any side can produce a Request for Evidence (RFE) or a denial. This article organizes a general checklist by module and flags the most common omissions. Always follow your attorney’s and regional center’s instructions for a specific project.

1. Forms and fees

Item	Notes
Form I-526E	Signed by the investor; the regional center confirms the subscription on the form
Filing fee	$3,675 under the fee schedule reinstated by court order in November 2025; $7,850 for filings on or after November 30, 2026
EB-5 Integrity Fund fee	$1,000, paid separately from the filing fee
Form G-28	Notice of attorney representation, if applicable
Form G-1145	Optional e-notification of acceptance

Fees change; confirm the current USCIS fee schedule before filing. Common omissions: combining the Integrity Fund fee and the filing fee into a single payment, misaddressed checks, and outdated form editions. USCIS rejects petitions filed on expired form versions.

2. Investor personal documents

• Passport biographic page and visa pages; applicants in the U.S. should add the I-94 and current status approval notices.
• Birth certificate; marriage certificate if married; birth certificates of accompanying children.
• Name-change records if any prior names were used.
• A résumé or career summary that supports the source-of-funds narrative.
• Receipt or approval notices from any prior immigration filings.

Common omission: leaving family documentation until the I-485 or DS-260 stage. Listing the spouse and children clearly at the I-526E stage reduces reconciliation work later.

3. NCE and project documents from the regional center

Under the RIA, project-level documents are pre-filed by the regional center with USCIS on Form I-956F. An investor may file the I-526E while the I-956F is pending, but adjudication depends on I-956F approval. The regional center typically provides the investor with copies or summaries of:

1. The I-956F receipt or approval notice.
2. New Commercial Enterprise (NCE) organizational documents: the limited partnership or operating agreement, subscription agreement, and private placement memorandum.
3. The business plan and economic impact report (job creation methodology).
4. Targeted Employment Area (TEA) evidence, where applicable.
5. Fund oversight arrangements: the third-party fund administrator agreement, or the audited financial statement alternative.
6. Proof that the investor has subscribed and funded: wire confirmation, escrow receipt, and a subscription confirmation letter from the NCE.

Common omissions: investors receive only the marketing deck rather than the formal I-956F exhibits; the subscription agreement date and wire date are out of sequence with the source-of-funds narrative.

4. The source-of-funds package

Source of funds (SOF) is the leading cause of I-526E RFEs. The standard has two layers: the funds must come from a lawful source, and the path from that source into the NCE must be traceable.

Source type	Core documents
Salary and bonuses	Employment contract, pay records, personal income tax records, bank statements showing deposits
Business income and dividends	Company registration, financial statements, dividend resolutions, corporate tax records, deposit records
Real estate sale	Purchase contract and payment records, title certificate, sale contract, transaction tax receipts, proceeds deposit records
Securities	Brokerage statements, trade records, transfer records
Gift	Gift agreement plus the donor’s own source-of-funds evidence (the trace must reach the donor’s lawful source)
Inheritance	Death certificate, will or probate documents, distribution records
Loan	Loan agreement, disbursement records, evidence of repayment capacity; the investor must be primarily liable for repayment

The package also includes an attorney-drafted SOF narrative that links each tranche from origin to the NCE. Investors from mainland China must additionally explain the foreign-exchange path out of China and avoid any non-compliant channel.

Common omissions:

• Providing only one or two years of tax records while the narrative describes a decade of accumulation, leaving the timeline open.
• Real estate appreciation without an appraisal or transaction record.
• Commingled business and personal accounts; dividends paid without a corporate resolution or tax record.
• Gift evidence that stops at the donor instead of tracing further back.
• Third-party payments or receipts in the fund path with no explanation.

See also Five Common Source-of-Funds Pitfalls.

5. Translations and certifications

Under 8 CFR 103.2(b)(3), every foreign-language document must be accompanied by a full English translation and a translator’s certification stating that the translator is competent and the translation is complete and accurate. In practice:

• Translate the full document, including stamps, tables, and handwritten notes; summaries are not sufficient.
• The certification should carry the translator’s name, signature, date, and contact information.
• Notarization is not a USCIS requirement, but it can add credibility to gift agreements and inheritance documents.
• Lengthy bank statements still require translation; discuss with counsel how to present key pages with a complete overview in a way that satisfies USCIS.

Common omissions: translations without certifications; inconsistent spelling of the same name across documents; mixed date formats that confuse the adjudicator.

6. Filing logistics

• Address: I-526E petitions go to the USCIS lockbox designated at the time of filing. Addresses change; check the USCIS website.
• Organization: include a table of contents and tab dividers, ordered as forms, fees, personal documents, project documents, source of funds.
• Signatures: the investor must sign personally in a form USCIS accepts; no one may sign on the investor’s behalf.
• Retention: keep a complete scanned copy. The I-485, DS-260, and I-829 stages will reference these materials.
• Priority date: the I-526E receipt date becomes the priority date and governs the visa queue. Confirm delivery and obtain the I-797C receipt notice.

Common omissions: failing to track courier delivery; not correcting a name or birth-date error on the receipt notice; not providing the regional center with a copy of the filed petition.

Key takeaways

• I-526E materials come from the investor, the attorney, and the regional center; use a single checklist and tick off each item.
• The filing fee and the $1,000 Integrity Fund fee are paid separately; confirm the current form edition on the USCIS website.
• Project documents should match the regional center’s formal I-956F exhibits, not the marketing materials.
• Source of funds must show both a lawful source and a traceable path, with a closed timeline.
• Every foreign-language document needs a complete English translation with a translator’s certification.
• The receipt date is the priority date; verify the receipt notice as soon as it arrives.

This article is general information, not legal advice. Follow your attorney’s and regional center’s guidance for your specific filing.