What EB-5 is
EB-5 is the fifth employment-based immigrant visa category. An investor who puts a qualifying amount into a U.S. commercial enterprise that creates at least 10 full-time jobs can obtain green cards for themselves, their spouse and unmarried children under 21. There are no education, English, age or management-experience requirements.
Most investors invest through a USCIS-designated regional center as a limited partner and don't run the business. Regional center projects can count indirect and induced jobs, which makes the job requirement easier to meet.
Start here: by law, EB-5 capital must be "at risk". A project may not guarantee a return or the return of capital. Treat any pitch that promises guaranteed repayment as a warning sign.
Investment amounts and the 2027 adjustment
| Category | Current minimum | 2027 estimate (unofficial) |
|---|---|---|
| Targeted employment area (TEA): rural, high unemployment, or infrastructure | $800,000 | $900,000–$937,500 |
| Standard | $1,050,000 | $1.2M–$1.25M |
Under the EB-5 Reform and Integrity Act of 2022, the minimums adjust automatically on January 1, 2027 for cumulative inflation since 2022, and every five years after that. The TEA amount is fixed at 75% of the standard amount. As of October 2026, USCIS has not published the final figures.
Practitioners generally read the rule so that an I-526E filed before the adjustment keeps the current amount, but USCIS has issued no formal guidance. Investors who want to lock in today's amounts should therefore complete both the investment and the I-526E filing before January 1, 2027.
Don't rush an investment to beat a deadline. The amount you save is small next to the cost of a poor project. Source-of-funds documentation and project review take time. If time is short, a sound project at the higher amount is the better outcome.
Investment categories and set-aside visas
Each year, the law reserves part of the EB-5 visa allocation for the TEA categories below. Unused set-aside visas carry over to the same category for one more year, then move to the unreserved pool.
| Category | Minimum | Set-aside | Notes |
|---|---|---|---|
| Rural TEA | $800,000 | 20% | USCIS must prioritize rural petitions by law |
| High-unemployment TEA | $800,000 | 10% | Often in cities, with more projects to choose from |
| Infrastructure | $800,000 | 2% | Public-agency infrastructure; few projects |
| Standard | $1,050,000 | — | Unreserved visas, subject to country-of-birth backlogs |
Choose a category with your country of birth, your children's ages, your timeline and the quality of the specific project all in view. Rural petitions get priority processing, but remote projects can carry more commercial risk in leasing, sales and refinancing. Each one needs its own review.
Country of birth and backlogs
EB-5 backlogs are based on country of birth, not nationality. Under the U.S. Department of State's October 2026 Visa Bulletin:
| Born in | Standard (unreserved) | Rural, high-unemployment, infrastructure (set-aside) |
|---|---|---|
| Taiwan, Hong Kong and all other countries | Current | Current |
| Mainland China | Backlogged (priority date December 1, 2016) | Current |
| India | Backlogged (priority date December 1, 2023) | Current |
For investors born in mainland China, a set-aside category is the main way to avoid the long unreserved backlog. A spouse's country of birth can sometimes give the family a better position (cross-chargeability); this needs case-by-case review.
Concurrent filing in the U.S.
Investors who are in the U.S. in lawful status (for example H-1B, F-1 or L-1) and whose category has a visa available can file an I-485 adjustment of status together with the I-526E. The spouse and unmarried children under 21 can file at the same time.
- While pending, you can apply for a work permit (EAD) and travel permission (advance parole), free of the employer or study limits of your current visa
- The I-485 can't be approved until the I-526E is approved
- Set-aside categories are currently open to every country of birth, so eligible investors can generally file concurrently now
Concurrent filing affects how you maintain current status, travel plans and work permit validity. Have your attorney confirm each point before filing.
Process and timeline
- About 1–3 monthsAssessment, project review and source-of-funds planningConfirm suitability, obtain a due diligence memo, and plan the evidence and transfer route.
- About 1–3 monthsInvestment and subscriptionFunds move along a documented path into the project's EB-5 account.
- Depends on category and USCIS workloadFile the I-526EEligible investors in the U.S. can file the I-485 concurrently. Recent posted USCIS processing times have often been two to three years or more; rural projects get priority by law.
- After I-526E approvalTwo-year conditional green cardThrough I-485 adjustment in the U.S., or an immigrant visa interview at a U.S. consulate abroad.
- In the 90 days before the conditional card expiresFile the I-829 to remove conditionsShow the investment was sustained and at risk and the jobs were created; if approved, you receive a 10-year green card.
- Depends on project termsRepayment or exitCapital must stay invested at least two years. Actual repayment depends on the project's performance and refinancing, and isn't guaranteed.
Check current processing times on the USCIS processing times page.
Key dates
- September 30, 2026 (passed)Grandfathering cutoffRegional center I-526E petitions filed on or before this date will be processed even if the program lapses. Petitions filed after it don't have this protection.
- November 30, 2026New USCIS EB-5 feesBased on postmark date. See the fee table below.
- January 1, 2027Minimum investment adjusts for inflationThen every five years.
- September 30, 2027Regional Center Program authorization expiresIf Congress doesn't reauthorize on time, petitions filed on or after October 1, 2026 may be paused. The program lapsed for about nine months in 2021–22.
Government fees
| Item | Before Nov 30, 2026 | From Nov 30, 2026 |
|---|---|---|
| I-526E investor petition (regional center) | $3,675 | $7,850 |
| I-526 investor petition (direct investment) | $3,675 | $7,615 |
| I-829 removal of conditions | $3,750 | $5,000 |
| EB-5 Integrity Fund (per I-526E) | $1,000 | $1,100 |
Government fees are a small part of the total cost. When comparing projects, include administration fees, attorney fees, transfer costs and the opportunity cost of capital locked up for years.
Proposed rule (not yet in force)
The Department of Homeland Security published a proposed EB-5 rule on July 2, 2026; the comment period closed on August 31, 2026. As of October 2026 it has not been finalized. Its main proposals include:
- A higher minimum of about $1,400,000 for projects in low-unemployment "high employment areas"
- Stricter TEA methods, such as eliminating the census-share approach, and checks that a project doesn't fall inside a new high employment area
- Starting the two-year sustainment period only once the full investment is made
- A more detailed source-of-funds evidence framework, plus background checks on people involved with regional centers and projects, and registration of overseas promoters
The proposals may change or be withdrawn. We'll update this guide once a final rule is published and review the effect on clients who have already invested.
Frequently asked questions
Can I lose my EB-5 capital?
Yes. The law requires the capital to be at risk, and projects can be delayed, run over budget or fail to repay. We can't remove that risk, but we can identify it before you invest, assess the protections, and steer you away from projects whose terms clearly favor the issuer.
Do I have to live where the project is?
No. Green card holders can live and work in any state. You do need to make the U.S. your main residence; long absences can put your status at risk.
Do I have to manage the business?
No. Regional center investors participate as limited partners and are not involved in day-to-day management.
My child is nearly 21. Is there still time?
The Child Status Protection Act (CSPA) lets you subtract I-526E processing time when calculating a child's age, but the rules are complex and depend on visa availability. Families with a child near 21 should get an assessment early; it is often the factor that sets the whole timeline.
What happens if the Regional Center Program lapses in 2027?
Petitions filed on or before September 30, 2026 are grandfathered. Petitions filed after that may be paused until the program is restored if Congress doesn't reauthorize it on time. Congress has generally extended the program, but that isn't certain, so weigh this risk before investing.
Does the project still need to be in a TEA at the I-829 stage?
No. TEA status is assessed at the time of investment and doesn't need to be met again at I-829.
Who prepares the petitions?
Licensed U.S. immigration attorneys prepare and file the I-526E, I-485 and I-829. Global Immigrate handles assessment, project review, source-of-funds planning and coordination throughout.
More resources
Go deeper for your situation:
Sources
This guide draws on these official sources: