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The EB-5 program is the official pathway created by the U.S. Congress for foreign investors to obtain a green card by investing capital in ventures that generate jobs in the United States. Since its creation by the Immigration Act of 1990, the program has undergone several reforms, the most significant being the EB-5 Reform and Integrity Act (RIA) of March 2022, which brought greater transparency, investor protection, and new categories of reserved visas. As of April 2026, the EB-5 operates under consolidated rules that offer more predictable pathways, especially for those investing in rural or high-unemployment areas.
The program allows the principal investor, their spouse, and unmarried children under 21 to obtain conditional permanent residence in the U.S., with the possibility of removing the conditions after two years of maintaining the investment and the jobs created. The legal basis is in INA §203(b)(5) and the regulation in 8 CFR 204.6.
Investment Amounts
The law establishes two minimum investment thresholds, which remain in effect in 2026 as confirmed by USCIS for the current fiscal year.
| Project Type | Minimum Investment |
|---|---|
| In Targeted Employment Area (TEA) | US$ 800,000 |
| Outside TEA (standard) | US$ 1,050,000 |
A TEA (Targeted Employment Area) can be a rural area, defined as a location outside a Metropolitan Statistical Area (MSA) with a population under 20,000, or an urban region with an unemployment rate equal to or greater than 150% of the national average. The TEA designation is determined by the state where the project is located, under USCIS supervision.
The capital must have a proven lawful source, which can come from professional earnings, business profits, real estate sales, inheritances, or gifts, as long as the documentation chain is complete. Loans are accepted when secured by assets owned by the investor. The fundamental requirement is that the capital is genuinely at risk: guarantees of return invalidate the petition.
Job Creation
Each EB-5 investment must result in the creation of at least 10 full-time jobs for American workers (citizens, permanent residents, or persons authorized to work). These jobs must be maintained for at least two years from the granting of the conditional green card.
In direct investment, only direct jobs (W-2 employees) count toward the requirement. In Regional Center projects, the count includes direct, indirect, and induced jobs, calculated by recognized econometric models such as RIMS II, IMPLAN, or REDYN, which significantly facilitates meeting this requirement.
Direct vs. Regional Center
The EB-5 investor can choose between two modalities, each with distinct advantages and requirements.
Direct Investment
The investor applies the capital in their own new commercial enterprise and takes an active role in management. The 10 jobs must be direct (W-2 employees of the company). This route offers full control over the business but requires managerial involvement and presents more complexity in proving the jobs.
Via Regional Center
The investor applies the capital in a project managed by a Regional Center designated by USCIS, taking a passive role. Most EB-5 investors choose this modality because indirect and induced jobs can be counted, and there is no need for active management. The 2022 RIA brought greater oversight of Regional Centers, including mandatory audits and the Integrity Fund, a $1,000 fee per petition intended to fund government supervision.
Reserved Visas (Set-Asides)
The RIA reserved 32% of annual EB-5 visas for specific categories, creating separate and shorter queues for qualifying investors.
- 20% for projects in rural areas
- 10% for areas with high unemployment (urban TEAs)
- 2% for infrastructure projects
Investing in one of these categories can drastically reduce wait times. In March 2026, I-526E petitions in rural projects are being processed in 11 to 17 months, the fastest timeline in the program’s history. Projects in urban TEAs take 24 to 36 months, while petitions in the general category can take 36 to 52 months.
EB-5 Process Steps
The path to permanent green card involves five main steps that can span several years from start to finish.
- Due diligence and project selection: financial, legal, and immigration analysis of the venture, especially in Regional Center projects
- Transfer of capital: the investment amount is deposited in an escrow account linked to the project
- I-526E petition: filed with USCIS, proving the lawful source of funds, the capital investment, and the feasibility of creating the 10 jobs
- Status adjustment (I-485) or consular processing: after I-526E approval, the investor and family apply for the conditional green card, valid for two years
- Removal of conditions (I-829): at the end of the two-year conditional period, the investor proves that the investment was maintained and the jobs created, obtaining the permanent green card valid for 10 years and renewable
For those already in the U.S. with legal status, concurrent filing allows the I-485 to be filed simultaneously with the I-526E, enabling the request for work authorization (EAD) and travel document (Advance Parole) while awaiting a decision.
Costs and Timelines in 2026
| Item | Amount (US$) |
|---|---|
| Minimum investment (TEA) | 800,000 |
| Minimum investment (standard) | 1,050,000 |
| I-526E petition | 3,675* |
| Integrity Fund Fee | 1,000 |
| Status adjustment (I-485) | 1,440 |
| Administrative fee (Regional Center) | 50,000 to 75,000 (varies) |
The I-526E fee is under review by USCIS. The Federal Register has published a proposal for a significant increase, and the amount may rise considerably. It is essential to check the current fee schedule at the time of filing on the official USCIS website.
As for I-526E processing times in March 2026: rural projects take 11 to 17 months, urban TEAs 24 to 36 months, and the general category 36 to 52 months. For concurrent filers, the I-485 is being processed in 8 to 14 months when a visa number is immediately available.
Frequently Asked Questions
Source of Funds
The capital can come from any lawful source: salaries, profits, sale of assets, inheritance, or family gift. Loans are accepted as long as the asset securing the financing is owned by the investor. Documentation of the source of funds is typically the most complex and scrutinized part of the process: incomplete documentation trails are the main cause of RFEs (Request for Evidence) in EB-5 petitions.
Investor’s Family
The spouse and unmarried children under 21 of the principal petitioner are eligible to obtain the green card through a single investment. Concerns about aging out, when a child turns 21 during the process, can be mitigated by the Child Status Protection Act (CSPA), which subtracts the processing time from the dependent’s age.
Return on Investment
After I-829 approval and removal of conditions, the investor may recover their capital according to the terms of the investment agreement. It is essential to understand that EB-5 requires capital genuinely at risk: there is no guarantee of return of the invested amount, and any such promise may jeopardize the petition before USCIS.
Learn more about EB-5 Visa
- Type
- Investment Green Card
- Min. investment
- US$ 800,000
- Jobs created
- Minimum 10 (full-time)
- Processing
- 24-48 months
Victoria Harper
Editor-in-Chief
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.
