Home Immigration Blog Removal of Biometrics Requirement for I-526E EB5 Regional Center Petitioners

Removal of Biometrics Requirement for I-526E EB5 Regional Center Petitioners

The United States Citizenship and Immigration Services (USCIS) released the Form I-526E, Immigration Petition by Regional Center Investor, in 2022. At the time of the forms release, the USCIS required that petitioners submit biometrics along with an $85 fee when submitting the Form I-526E. On March 15, 2023, the USCIS determined that it would no longer require the submission of biometrics or the $85 biometrics fee with the Form I-526E.

See March 15, 2023 USCIS news release on removal of Form I-526E biometrics requirement [link].

For this reason, the USCIS will refund the $85 biometrics fees to Form I-526E petitioners who submitted the form with the formerly required fee. These refunds will be automatic and do not require action on the petitioner’s part. Beginning on May 15, 2023, USCIS will only accept the version of the Form I-526E dated 03/15/23 (note that this is accurate as of March 20, 2023, petitioners should always look up up-to-date form filing instructions on the USCIS website). Petitioners submitting the previous edition of the Form I-526E (dated 06/01/22) before that date may disregard the now-outdated instructions about biometrics.

The USCIS notes that although it is no longer requiring biometrics with the Form I-526E, it “may request the submission of biometrics from a Form I-526E” under other authorities. The new guidance simply establishes that biometrics are not required for submitting the Form I-526E itself.

The Form I-526E is used by prospective immigrant investors who are seeking to pool their investment with one or more additional investors seeking EB5 visas under the regional center program. The Form I-526, which is separate from the Form I-526E, is used by standalone immigrant investors who are not seeking to pool their investment into a regional center.

See July 12, 2022 USCIS news release on the Form I-526E [link].

The EB5 immigrant investor program is evidence-intensive. As a general matter, prospective EB5 immigrant investors should consult with an experienced immigration attorney in the area of investment immigration before deciding how to proceed. We have published numerous EB5 articles in our website’s section on immigrant investors [see section].

Also you can read

Family Based Immigration

Marriage Fraud Old

There are many immigration benefits available to aliens who are married to U.S. citizens. For this reason, aliens in the United States who have accrued at least 180 days of unlawful presence, cannot work due to their lack of status, and face 3 or 10 year or permanent bars of inadmissibility that attach upon departing from the United States, have been known to consider entering into sham marriages solely for the purpose of obtaining immigration benefits.

Fixing Misclassification as a Conditional Permanent Resident

We examine how a permanent resident who was misclassified as a conditional permanent resident by USCIS can fix the error.

SIJ Adjudications After Request for Evidence (RFE)

The USCIS updated its guidance on the 180-day period for adjudicating special immigrant juvenile petitions by removing provisions for tolling the 180-day period.

Want to schedule a consultation?

You can schedule a consultation with us on Skype, over the phone, or in person by using our “Online Consultation” form. Our fee is only $260 per up to 45 minutes for all consultations regardless of the topic.

Contact Information

27 Whitehall Street, 5th Fl New York, NY. 10004

Phone: (212) 202-0342

Fax: (212) 964-0440

Attorney Advertising: prior results do not guarantee similar outcomes.

myattorneyusa.com is owned and operated by The Law Offices of Grinberg & Segal, PLLC (Grinberg & Segal). The content of myattorneyusa.com is copyrighted. Grinberg & Segal is a NYC immigration law firm that consists of highly experienced immigration lawyers licensed to practice state law in New York and New Jersey and U.S. federal law worldwide. Grinberg & Segal’s  New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Consulates anywhere in the world. Grinberg and Segal’s immigration lawyers are highly skilled and experienced in all areas of immigration law and related federal litigation including Writs of Mandamus and Habeas Corpus as well as APA Action in Federal District Courts, Petitions For Review in U.S. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before Immigration Courts nationwide.