EB-5 Visa: Green Card by Investment in the USA in 2026

The EB-5 visa is the main investment-based green card category in the United States. Created by the U.S. Congress in 1990, the program allows foreign investors and their families to obtain permanent residency in exchange for a capital investment that creates jobs for American workers. Unlike other green card categories, the EB-5 does not require a job offer, specific academic qualifications, or employer sponsorship.

As of April 2026, the program operates under the rules of the EB-5 Reform and Integrity Act (RIA), passed in March 2022, which brought significant changes to investment amounts, the structure of regional centers, and investor protection mechanisms. With the authorization for the regional center program expiring on September 30, 2027, investors intending to use this route face an important deadline: I-526E petitions filed by September 2026 are protected by grandfathering, regardless of what happens with reauthorization.

Investment amounts

The EB-5 requires a minimum investment that varies according to the project’s location. For ventures in Targeted Employment Areas (TEAs), which include high-unemployment regions or rural areas, the minimum investment is US$ 800,000. For projects outside TEAs, the amount rises to US$ 1,050,000. These amounts were established by the RIA in 2022 and remain in effect in 2026.

TEAs are defined based on unemployment data from the U.S. Bureau of Labor Statistics and include regions with an unemployment rate at least 150% above the national average. Rural projects, located outside metropolitan areas with fewer than 20,000 inhabitants, also qualify for the reduced investment and receive priority processing by USCIS.

In addition to the investment amount, the applicant must prove that the capital was obtained from a lawful source. This includes complete documentation of income, asset sales, inheritances, gifts, or legitimate loans. The source of funds audit is one of the most rigorous steps in the process and often the most time-consuming in case preparation.

Process steps

The EB-5 path follows a defined sequence of forms and approvals by USCIS:

1. Project selection: the investor chooses between direct investment (managing their own business) or investing in a USCIS-approved regional center project.
2. I-526E petition: the main form for regional center investors (or I-526 for direct investment). Includes proof of investment, business plan, and source of funds documentation.
3. Conditional green card: after petition approval, the investor and family receive conditional permanent residency for two years, via adjustment of status (I-485) in the U.S. or consular processing abroad.
4. Removal of conditions (I-829): at the end of the two years, the investor proves that the 10 full-time jobs were created and that the investment was maintained. Upon approval, the green card becomes permanent and unconditional.

Regional Center vs. Direct Investment

The majority of EB-5 investors choose regional centers, entities approved by USCIS to manage investment projects. The main advantage is job counting: regional centers can count direct, indirect, and induced jobs created by the investment, calculated using econometric models. In direct investment, only the 10 direct full-time jobs count, which requires active management of the business by the investor.

The RIA introduced reserved visa categories for regional center projects: 20% of EB-5 visas are reserved for rural projects, 10% for high-unemployment TEAs, and 2% for infrastructure projects. These reserved quotas offer shorter wait times, especially for investors from countries without significant backlogs, such as Brazil.

Fees and timelines in 2026

The current USCIS fees for EB-5, after the court decision in Moody v. Noem that reversed the April 2024 increases, are:

Processing times vary significantly by project type. I-526E petitions in reserved categories (rural, TEA) have been processed in 6 to 12 months, with some rural cases approved in less than 7 months. For unreserved categories, the timeline can reach 18 to 36 months. USCIS sets a goal of 240 days for I-526E adjudication, but does not always meet it.

For the I-829 form, the average processing time is approximately 47 months for 80% of cases. During this period, the investor maintains their lawful permanent resident status and can live and work normally in the U.S.

Program deadline and grandfathering

The EB-5 regional center program was reauthorized by the RIA until September 30, 2027. If Congress does not renew the legislation by that date, new investments via regional centers will be suspended, as occurred between June 2021 and March 2022.

The RIA includes a grandfathering provision: investors who file the I-526E petition by September 30, 2026 will have their process protected, regardless of what happens with reauthorization. This date serves as a practical deadline for those seeking legal certainty in regional center investments.

Direct investment (I-526), in turn, is a permanent category under the INA and does not depend on congressional reauthorization. Investors who choose this route are not affected by the 2027 sunset.

Family eligibility

The EB-5 includes the spouse and unmarried children under 21 of the principal investor as derivatives, with no additional investment. All receive green cards under the same petition. It is essential to pay attention to the children’s ages: the law uses the Child Status Protection Act (CSPA) to calculate age, but processing delays can result in children aging out of eligibility before approval.

The EB-5 investment is not a donation: the capital remains invested in the project during the sustainment period (usually 2 to 5 years, depending on the project) and, after removal of the green card conditions, may be returned to the investor. The return of the investment is not guaranteed and depends on the project’s success, which underscores the importance of due diligence in selecting the venture.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.