Effective March 15, 2023, United States Citizenship and Immigration Services (USCIS) no longer requires biometrics submission and the $85 fee for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor. This comes as a welcome development for investors looking to participate in the Regional Center Program as they will no longer have to pay the fee or go through the biometrics submission process.
The USCIS has determined that collecting biometrics from all regional center investor petitioners is not necessary under the Immigration and Nationality Act (INA) 203(b)(5)(H)(iii) to confirm compliance with INA 203(b)(5)(H)(i)-(ii). However, the USCIS reserves the right to request biometrics submission from a Form I-526E petitioner if necessary under INA 203(b)(5)(H)(iii), 8 CFR 103.2(b)(9), or other applicable authorities.
Since the form’s release in 2022, USCIS has received about 980 Form I-526E petitions filed with the biometrics fee. The USCIS will refund these fees in the coming weeks, and petitioners do not need to contact USCIS to request a refund.
The USCIS has released a revised edition of Form I-526E dated 03/15/23, with updated instructions. Effective May 15, USCIS will accept only the 03/15/23 edition of Form I-526E. Until then, petitioners can submit either the new edition or the previous edition of Form I-526E (dated 06/01/22). The edition date is at the bottom of the page on the form and its accompanying instructions. Petitioners should be aware that the previous edition still contains instructions about the biometrics submission requirement that are no longer accurate.
Form I-526E was first published on July 12, 2022, as part of the EB-5 Reform and Integrity Act of 2022. The form is used by investors pooling their investment with one or more qualified immigrants participating in the Regional Center Program to petition USCIS for status as an immigrant to the United States under section 203(b)(5) of the Immigration and Nationality Act.
The USCIS’s decision to remove the biometrics submission requirement and $85 fee for petitioners filing Form I-526E is a significant development that will make it easier for investors to participate in the Regional Center Program. This move will not only reduce the financial burden on investors but also simplify the application process, which will encourage more investors to participate in the program. The USCIS’s refund of fees paid by petitioners who filed before the new policy came into effect is also a welcome relief for these investors.
If you have questions about investor filing fee requirements or any other immigration-related issue, please contact us. We actively monitor ongoing updates to U.S. immigration policy and work with our clients in their particular situations to ensure they get the right advice.