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USCIS has eliminated the biometrics requirement for individuals who file Form I-526E petitions.

Effective March 15, the requirement and fee for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor, has been removed by USCIS. The $85 fee for biometrics services will no longer be required for the form. USCIS has determined that universal biometrics collection is not necessary for all regional center investor petitioners to confirm compliance with INA 203(b)(5)(H)(i)-(ii). However, USCIS reserves the right to request the submission of biometrics from a Form I-526E petitioner if necessary.

Approximately 980 Form I-526E petitions filed with the biometrics fee have been received by USCIS since the form's release in 2022. USCIS will refund these fees in the coming weeks and petitioners are not required to contact USCIS for a refund. USCIS has also released a revised edition of Form I-526E dated 03/15/23, with updated instructions. Effective May 15, USCIS will only accept the 03/15/23 edition of Form I-526E. Until then, petitioners may submit either the new or previous edition of the form (dated 06/01/22). Petitioners should note that the previous edition still contains instructions about the biometrics submission requirement that are no longer accurate. Form I-526E, part of the EB-5 Reform and Integrity Act of 2022, was first published by USCIS on July 12, 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.


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