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USCIS to Remove Biometrics Requirements for I-526E Petitions

By November 1, 2023EB-5 Visa

Starting on March 15, 2023, USCIS will remove the biometrics submission requirement and the $85 fee requirements for petitioners filing Form I-526E, immigration petition by regional center investor. Petitioners are no longer required to submit the fee for the biometrics services. USCIS will also return the biometrics fees for previously submitted petitions.

The EB-5 category provides a green card opportunity for the entrepreneur who proves that they have made an investment of equity capital into a new commercial enterprise that will create at least ten full-time jobs. In March 2022, Congress passed legislation that re-authorized the EB-5 Regional Center program and set new investment minimums to qualify for the EB-5 green card, among other changes. Current minimums are $800,000 for projects in Targeted Employment Areas (TEA) and rural areas, and $1,050,000 for all other projects. TEAs are rural areas or those designated as having an unemployment rate of at least 150 % the national average.

There are two types of EB-5 investments, investment into a regional center and direct investments. To learn more about the regional center investments, please click here. This article only refers to regional center investments. Direct investment petitions are not required to complete biometrics.

USCIS determined that universal biometrics collection is not necessary under INA 203(b)(5)(H)(iii) in connection with the filing of Form I-526E for all regional center investor petitioners in order to confirm compliance with INA 203(b)(5)(H)(i)-(ii).  However, USCIS may request the submission of biometrics from a Form I-526E petitioner as may be necessary under INA 203(b)(5)(H)(iii), 8 CFR 103.2(b)(9), or under other applicable authorities.

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