Direct EB-5 vs regional center EB-5: how they differ

EB-5 has two main routes. In a direct investment, you build or acquire your own new commercial enterprise (NCE) and create the jobs yourself. In a regional center investment, you invest through a USCIS-designated entity's project and the job count is derived from economic modelling. They share the same goal, a green card through investment at risk and job creation, but they ask very different things of the investor.

Side-by-side comparison

	Direct EB-5	Regional center EB-5
Form	I-526	I-526E
Minimum investment (as of October 2026)	$800,000 (TEA) or $1,050,000 (standard)	Same
Jobs required	10 full-time jobs, directly created by your NCE	10 full-time jobs, which may include indirect and induced jobs
Role of the investor	Active, involved in management or policy	Typically passive, as a limited partner or similar
How jobs are counted	Actual employees on payroll	Economic models, often supported by input-output analysis
Set-aside visas	See below	Rural 20%, high-unemployment 10%, infrastructure 2%
Program authorization risk	Not dependent on the regional center authorization	Authorized through September 30, 2027

Direct EB-5: control, with responsibility

Under the direct route you need an enterprise that directly employs at least 10 qualifying full-time workers, and you are expected to take a real role in management. That suits an entrepreneur who wants to operate a U.S. business, such as a franchise, manufacturing or services company, and who can manage hiring, payroll and compliance. The advantage is control and independence from the regional center program's authorization. The costs are operational burden, execution risk, and the need to show real jobs in the real world, not on a model.

For most families whose goal is a green card rather than a new career, running a business that must hold 10 direct employees is a heavy commitment. It is a legitimate option, not a lesser one, but it should be chosen with eyes open.

Regional center: passive, with modelled jobs

Regional center investors place capital in a project, and the job requirement can be met by indirect and induced jobs estimated through economic modelling, as well as direct jobs. This is why most investors in the program take this route: the investor need not run anything. The regional center structure also supports the TEA categories and the set-aside visas created by the 2022 Reform and Integrity Act, which reserve visas for rural (20%), high-unemployment (10%) and infrastructure (2%) investments. As of the October 2026 Visa Bulletin, the set-aside categories are shown as current, while the unreserved category for China has a final action date of December 1, 2016. See the guide for how the set-asides work.

Passive does not mean risk-free. Capital is at risk, repayment is not assured, and results depend on how the project performs and on its structure. The due diligence guide sets out what to look for.

The authorization question

The Regional Center Program is currently authorized through September 30, 2027. Petitions filed after September 30, 2026 are not grandfathered, so if Congress does not renew the program they may be paused. Direct petitions do not depend on that authorization. That is one factor in the choice, but not the only one: a pause is a timing risk, whereas running a business is an ongoing operational one. For the full analysis, read our article on the grandfathering deadline.

How to decide

Do you want to run a U.S. business? If yes and you have the capability, direct EB-5 is worth considering; if not, regional center is the more common fit.
How sensitive is your timeline? Families with children near 21 should weigh the pause risk carefully.
Which route can you document? Both require a lawful source of funds, and both require capital at risk.
Does the project or business hold up under review? For regional center, examine the project's structure and track record; for direct, examine your own business plan with counsel.

The 2027 inflation adjustment also affects the amounts; see our article on the increase.

Next step

If you are deciding between the two routes, you can discuss your situation through our consultation page.

Frequently asked questions

Do direct EB-5 investors need to run the business?

They must establish a new commercial enterprise that directly employs at least 10 qualifying workers, and they are expected to be engaged in its management or policy-making. It is not a passive investment.

Is direct EB-5 affected if the Regional Center Program lapses?

The regional center authorization does not govern direct petitions (Form I-526), but they still face their own requirements, including direct job creation and the at-risk capital rule.

Can a direct investor use the set-aside visa categories?

The set-aside visas for rural, high-unemployment and infrastructure investments are tied to the TEA categories. Check with counsel how they apply to a direct petition on the facts.

Sources

General information only, not legal, tax or investment advice. Rules and figures are as of the publication or update date and may have changed.