EB-5 Visa in 2026: Requirements, Investment Amounts, and Updated Process

The EB-5 program remains, in 2026, one of the most direct routes for foreign nationals to obtain permanent residence in the United States through qualified investment. Following the passage of the EB-5 Reform and Integrity Act (RIA) in March 2022, the program underwent its most significant overhaul in three decades, with adjustments to minimum investment thresholds, the creation of set-aside visa categories, and changes to the petition process that remain in effect. This guide consolidates what investors need to know to determine whether this path makes sense, with updated figures and the rules currently in force in 2026.

Background and Structure

The EB-5 was created in 1990 by the U.S. Congress as the fifth employment-based visa preference category. Its stated purpose is to stimulate the American economy through direct foreign investment that creates jobs for U.S. workers. Since 2022, the program has operated under the modernized RIA framework, authorized through September 30, 2027, when Congress will need to renew or reauthorize the Regional Center component of the program.

U.S. Citizenship and Immigration Services (USCIS) administers all petitions. The program initially grants a conditional green card, valid for two years, which can be converted to full permanent residence after demonstrating that the investment was maintained and the required jobs were created.

Minimum Investment Amounts in 2026

The RIA redefined investment thresholds, and the amounts in effect in 2026 are:

• $1,050,000 for investments in projects outside Targeted Employment Areas (TEAs).
• $800,000 for investments in TEAs, which include rural areas, high-unemployment areas, and infrastructure projects.

Amounts are adjusted every five years based on an inflationary index defined by the RIA, with the next adjustment expected in 2027. The former thresholds of $1.8 million and $900,000, referenced in pre-reform materials, are no longer applicable.

Targeted Employment Areas

A TEA is a geographic area that falls under one of three classifications:

• Rural area: a location outside a metropolitan statistical area (MSA) or a city with a population above 20,000.
• High-unemployment area: a region with an unemployment rate at least 150% of the national average, with geographic boundaries defined by USCIS.
• Infrastructure project: a development managed by a governmental entity and directed toward large-scale public works.

Set-Aside Visas

One of the most relevant innovations of the RIA was the creation of visa set-asides — reserved quotas within the EB-5 annual cap of approximately 10,000 visas per fiscal year:

• 20% reserved for rural areas.
• 10% reserved for high-unemployment areas.
• 2% reserved for infrastructure projects.

For investors from high-demand countries — historically China, India, and Vietnam — these set-asides represent significant relief from the backlog. In 2026, investors in rural projects can generally process the consular stage or adjustment of status without the wait times that affect the unreserved EB-5 category for those countries.

Job Creation

The investment must create at least 10 full-time direct jobs held by U.S. workers or lawful permanent residents. Counting rules vary depending on the type of investment:

• Direct investment: only direct jobs, evidenced by payroll records and Form I-9 filings, are counted.
• Regional Center: direct, indirect, and induced jobs may be counted, calculated using auditable econometric models (REDYAS, IMPLAN, or RIMS II).

Jobs must be maintained for at least two years during the conditional period for the investor to be eligible to remove the conditions from the green card.

Lawful Source of Funds

Demonstrating the lawful source of funds is one of the most sensitive stages of the process. The investor must document an auditable chain that may include:

• Salaries and bonuses supported by corresponding tax returns.
• Sale of real estate, stocks, or businesses with deeds and contracts.
• Gifts or inheritances with notarized documentation.
• Dividends and profit distributions with corporate records.
• Loans secured by the investor’s own registered assets.

USCIS reviews not only the origin of the funds but also the path they traveled to the project’s escrow account, requiring complete bank statements and proof of each international wire transfer.

Procedural Pathway

Form I-526E Petition

The process begins with Form I-526E (for Regional Center investments) or Form I-526 (for direct investments). The petition includes a business plan, the project’s corporate structure, source-of-funds documentation, and job creation projections. The USCIS filing fee for the I-526E in 2026 is $11,160.

Concurrent Filing

For investors physically present in the United States in valid immigration status, the RIA permits concurrent filing — that is, simultaneously submitting the I-526E and the adjustment of status application (I-485). This allows the investor to apply for an employment authorization document (EAD) and a travel document (advance parole) while the primary petition is being adjudicated.

Conditional Green Card

Once the petition is approved, investors outside the U.S. attend a consular interview and receive an EB-5 visa that converts to a conditional green card upon admission. The document is valid for two years.

Form I-829 Petition

Within the 90 days before the conditional green card expires, the investor files Form I-829 to remove the conditions. At this stage, the investor must demonstrate that the investment was maintained throughout the period and that the required jobs were actually created. Once the I-829 is approved, the investor becomes an unconditional lawful permanent resident.

Citizenship

After five years of permanent residence, the investor may apply for naturalization, provided they meet the physical presence and good moral character requirements.

Direct Investment vs. Regional Center

A direct investment requires the investor’s active involvement in managing the enterprise, which may include an executive role or a board seat with decision-making authority. The advantage is full control over the business; the disadvantage is the administrative complexity and the more restrictive job-counting methodology.

Regional Centers are USCIS-preapproved entities that pool capital from multiple investors into larger-scale projects, typically in real estate or infrastructure. The RIA introduced an additional oversight layer for Regional Centers, including annual audit requirements, compliance reports, and an integrity fund financed by an annual fee of $20,000 per Center.

Who the Program Benefits

The EB-5 petition covers the primary investor, their spouse, and unmarried children under 21. The benefits for the immediate family are broad: freedom to live and work in any state, access to the public education system, the ability to pay in-state tuition at public universities after meeting each state’s residency requirement, and legal protections equivalent to those of any lawful permanent resident.

Risks to Consider

The EB-5 is, legally, an immigration program — but economically it is a high-risk investment. The capital is subject to the performance of the chosen project, and there is a documented history of Regional Center bankruptcies and fraud. The RIA tightened the oversight regime, but the investor remains responsible for prior due diligence: evaluating the developer, the legal structure, guarantees, projected cash flow, and the project’s track record of I-829 approvals. The return of principal is never guaranteed by the U.S. government.

For investors with qualified capital and an appropriate risk tolerance, the EB-5 remains, in 2026, one of the most predictable routes to permanent residence — provided that project selection, legal counsel, and documentary discipline are handled with the care that the investment demands.

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.