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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can I choose I-526 instead of I-526E because the checklist looks shorter in a Sault Ste. Marie case?

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THE DIRECT ANSWER

The form follows the actual EB-5 arrangement and applicable rules. Standalone investors generally use I-526 and regional-centre investors I-526E. Do not select a form to avoid evidence that the real case requires. Confirm the project structure and current instructions before preparing the submission.

Identify what the investment documents establish

Review the enterprise and regional-centre involvement where applicable. Ask the adviser to explain why the procedure fits those facts. A shorter list from another applicant may reflect a different case rather than an easier route available to this investor.

EB-5 calls for qualifying capital placed at risk in the required enterprise and a credible job-creation showing. The investor must document lawful source and path of funds. Approval is followed by the appropriate immigrant process and, if conditional residence is obtained, the later condition-removal requirements remain material. The first review identifies the investment structure, required capital amount, lawful source and path, job methodology, and whether direct or regional-centre rules control the evidence. It should also locate the applicant's immigration stage rather than treating the investment document as a residence document. Business plans, economic reports where permitted, payroll assumptions, offering materials, and transfer records must match the selected structure. A promoter's return projection does not prove that jobs or the qualifying investment requirements will be met. Hypothetical example: A cold-storage entrepreneur considers a direct EB-5 facility and obtains a construction budget, hiring schedule, source-of-funds chronology, and payroll plan. She compares those records with the ten-job requirement before moving capital, rather than relying on a projected resale value.