Form I-526 EB-5 Direct: the direct investor visa petition and how it differs from the I-526E

Form I-526 EB-5 Direct is the immigrant visa petition for investors investing directly in their own business in the United States, without going through a regional centre. Its full name, as set byU.S. Citizenship and Immigration Services (USCIS), is the Immigrant Petition by Standalone Investor, under INA 203(b)(5)(A) to (D).

Unlike FormI-526E EB-5, which applies to investors through a Regional Center, Form I-526 EB-5 Direct is the choice for business people who want to set up, expand or restructure a business in the United States themselves. After theEB-5 Reform and Integrity Act 2022 (RIA)took effect on 15/03/2022, USCIS clearly defined the boundary between the two forms and does not allow them to be used interchangeably.

Who Form I-526 EB-5 Direct is for

Under USCIS guidance, this petition only applies to investors who meet all three conditions. First, the investor invests directly in a new commercial enterprise (NCE — New Commercial Enterprise) that they set up, acquire or restructure themselves, without going through a regional centre.

Second, the investor is the only person using the project to apply for EB-5 — the post-RIA ban on pooling does not allow two or more EB-5 investors to share a Direct business. Third, the investor must take a substantive part in managing the business, whether by actively running it or through a policy formulation role.

USCIS particularly emphasises that any I-526 petition showing a link to a regional centre is rejected at the intake stage. Conversely, an I-526E petition showing a direct investment outside a regional centre will also be rejected. Choosing the correct form is the first basic condition for an EB-5 petition not to be returned.

According to actual post-RIA data, only about 5–10% of EB-5 investors choose the Direct channel and therefore file an I-526. This low share reflects the particular challenges of the Direct route — especially creating and sustaining 10 direct jobs.

The core differences between Form I-526 EB-5 Direct and the I-526E

The two forms serve the same legal purpose of seeking EB-5 classification for the investor, but differ fundamentally in investment structure, job creation evidence and adjudication mechanism.

Differences in investment structure

An I-526 petition for Direct is tied to a single NCE that the investor directly owns or co-owns. Each NCE can have only one EB-5 investor, with no pooling. The investor is the main party in both the legal and operational roles. The petition does not need a link to a regional centre and does not require Form I-956F.

Form I-526E, by contrast, is tied to a regional centre project whose I-956F has been approved by USCIS. The investor is a Limited Partner in an investment fund (the NCE) that raises EB-5 capital and lends it to the project (the JCE — Job-Creating Entity). A single project can have dozens to hundreds of I-526E investors. The petition must reference the project’s I-956F receipt number.

Differences in job creation evidence

An I-526 petition requires the investor to prove 10 direct jobs — W-2 employees actually hired by the NCE, working full-time (≥35 hours a week) and sustained for at least 2 years. Evidence includes employment contracts, payroll records, W-2 forms, I-9 forms and timesheets.

Form I-526E allows all three types of jobs to be counted: direct, indirect (at suppliers and affiliated partners) and induced (in the local community through employees’ spending). All calculations are based on the regional centre’s Economist Report, with no need to prove each specific position.

Differences in fees and filing

The filing fee for an I-526 petition is currently $3,675 USD, following the adjustment after the federal court ruling of November 2025, with no Integrity Fund surcharge. The I-526E filing fee is $11,160 USD plus a $1,000 USD Integrity Fund surcharge, for a total of $12,160 USD per petition.

The volume of an I-526 petition also differs significantly. According toUSCIS guidance on Form I-526, Direct petitions must provide the entire Business Plan themselves, compliant with the Matter of Ho standard, along with a market analysis report, financial projections, a detailed job creation plan and TEA evidence (if the $800,000 USD threshold applies). For I-526E petitions, most of these documents are provided by the regional centre.

The structure of the parts of the I-526 petition

The current Form I-526 consists of 12 main parts, with a structure similar to the I-526E but requiring more in-depth information about the NCE.

• Part 1 — Information About You: the investor’s personal details.
• Part 2 — Information About Your Spouse: details of the legal spouse.
• Part 3 — Information About Your Children: details of the children, each declared separately.
• Part 4 — Information About Your New Commercial Enterprise: the Direct-specific part, including the NCE’s name, date of formation, address, EIN, NAICS code, total committed capital and the investor’s role in the business.
• Part 5 — Information About Your Investment: details of the investment, disbursement date and source of funds.
• Part 6 — Information About Your Job Creation: the number of existing jobs, the number of jobs expected to be created and the timeline for completing the 10 jobs.
• Part 7 — Visa Processing and Immigration Proceedings: choice of consular processing or AOS, immigration history.
• Part 8 — Background Information: criminal record, health and immigration violations history.
• Part 9 — Interpreter (if applicable).
• Part 10 — Petitioner’s Statement, Contact Information, Declaration, and Signature.
• Part 11 — Preparer’s Information.
• Part 12 — Additional Information.

Compared with Form I-526E, which is tied to the regional centre structure, the Standalone Investor form has additional parts with detailed information about the NCE (Part 4) and the specific job creation plan (Part 6) — two important differences that need careful preparation.

Supporting evidence

The evidence package for an I-526 petition consists of four main groups of documents, of which the business and job creation groups are more complex than for a Regional Center petition.

Group 1 — Evidence about the investor

Passport, birth certificate, marriage certificate, and criminal record certificates from Vietnam and every country where the investor has lived for more than 6 months. Any previous immigration violations must be fully disclosed.

Group 2 — Evidence about the NCE

This is the most complex group in a Direct petition. It must include: the business registration in the United States (Articles of Incorporation/Organization), the Operating Agreement or Bylaws, proof of the investor’s ownership or co-ownership, the EIN, the premises lease, business licences and a comprehensive Business Plan.

The Business Plan is the central document — it must comply with the 1998 Matter of Ho standard, with mandatory sections: business description, market analysis, marketing plan, organisational structure, staffing plan (with a hiring timeline to reach 10 jobs), 5-year financial plan and risk analysis. This is the main reason Direct petitions are larger and take longer to prepare.

Group 3 — Evidence about the investment capital and source of funds

As with the I-526E, this group includes evidence of the origin of funds (business, inheritance, asset transfers, investment returns…) and evidence of the path of funds from their origin to the NCE’s account. The requirements forEB-5 source and path of funds (SOF/POF)apply equally to both the I-526 and the I-526E.

For Vietnamese petitions, USCIS pays particular attention to the legality of transferring foreign currency. The petition must comply with the State Bank of Vietnam’s foreign exchange controls and include evidence of lawful transactions.

Group 4 — Evidence of the job creation plan

This is the fundamental difference from an I-526E petition. For a Direct petition, the investor must provide a detailed job creation plan themselves, including: a list of positions to be filled, a job description for each position, expected salaries, a month-by-month hiring timeline, and a plan to sustain 10 jobs for 2 years.

If the business already has employees at the time of filing, proof of employment must be attached (employment contracts, I-9 forms, W-2 forms). If the business is still in the start-up phase, the projected staffing plan must be logical and commercially viable.

Fees, filing and payment methods

The current I-526 filing fee is $3,675 USD, following the adjustment after the federal court ruling of November 2025. This is a fixed fee that does not depend on the Reserved or Unreserved category, and there is no Integrity Fund surcharge.

USCIS requires electronic payment: by credit/debit card via Form G-1450 or by ACH transfer from a US bank account via Form G-1650. The ban on combined payments for the I-526 and other forms (I-485, I-765, I-131) has applied since 01/09/2022.

Paper petitions are sent to the USCIS lockbox address according to the Direct Filing Address published on the USCIS website. After acceptance, USCIS sends an I-797C notice within 2–4 weeks with the receipt number and Priority Date.

I-526 adjudication time

According to official USCIS information on the EB-5 process, I-526 adjudication time depends on the project category and the complexity of the petition. According to trend data, 80% of I-526 petitions are adjudicated within 24–50 months, averaging about 29–30 months.

Direct petitions in the Rural TEA category can benefit from the RIA’s priority processing — USCIS has confirmed it places Rural I-526 petitions in the same queue as Rural I-526E petitions on a FIFO basis. In practice, however, Direct projects rarely meet the Rural criteria because the businesses are usually small and seldom located in rural areas.

For Direct petitions in the Unreserved or High Unemployment categories, adjudication usually takes longer than for the corresponding I-526E, because USCIS must examine the Business Plan, the job creation plan and evidence of the investor’s substantive management in detail.

Special notes for Vietnamese investors

The I-526 petition suits Vietnamese investors in particular circumstances. Business people who already run a company in Vietnam and want to expand into the United States, or individuals who intend to move there and run a business themselves, usually see the benefits of the Direct route.

Four important notes when preparing the petition. First, every name in the passport must exactly match what is declared on the form, including the order of surname and given names (following the rule of writing names without diacritics). Second, the Business Plan should be prepared by a specialist experienced with the Matter of Ho standard — a poorly prepared plan is one of the leading causes of RFEs/NOIDs.

Third, source of funds documentation from Vietnam must comply with foreign exchange controls, with money transfer service contracts, currency exchange receipts and bank confirmations. Fourth, the job creation plan must be commercially viable — USCIS will assess the business logic, not just the number of 10 jobs.

Form I-526 EB-5 Direct is a minority but important route within the EB-5 ecosystem. For Vietnamese investors with a business background who aim both to settle in and grow a business in the United States, it can be a better option than a Regional Center. The choice between the two forms should be weighed carefully using theEB-5 Direct vs Regional Center comparisonframework before committing capital.