EB-5 Visa: Minimum Investment and Green Card Program Requirements (2026)

The EB-5 program is the only U.S. immigration category that allows foreign nationals to obtain a green card through direct investment in the American economy. Created by Congress in 1990 and significantly reformed by the EB-5 Reform and Integrity Act of 2022 (RIA), the program requires the foreign investor to deploy capital into a new commercial enterprise that creates at least ten full-time jobs for American workers. In return, the investor receives permanent residency for themselves, their spouse, and unmarried children under 21.

How Much Does an EB-5 Investment Cost

The minimum investment amount varies based on the project’s location. In Targeted Employment Areas (TEAs), the minimum is $800,000. Outside those areas, the threshold rises to $1.05 million. The TEA category includes rural regions and urban localities with an unemployment rate of at least 150% of the national average.

These amounts were set by the RIA in 2022 and remain in effect in 2026. The act also requires USCIS to make inflation-based adjustments every five years, with the next revision scheduled for 2027. Investors planning to enter the program should confirm current amounts directly in the USCIS policy manual before transferring any capital.

Annual Visa Set-Asides

One of the RIA’s most significant changes was the creation of annual visa set-asides. Of the approximately 10,000 EB-5 visas available per fiscal year, 20% are reserved for investments in rural areas, 10% for high-unemployment areas, and 2% for infrastructure projects. These set-asides frequently show more favorable priority dates in the Visa Bulletin, especially for nationalities with long backlogs such as mainland China and India.

The Three Pillars of the Program

Job Creation

The investment must generate at least ten full-time jobs for U.S. citizens, lawful permanent residents, or other authorized workers. These jobs may be direct (created by the enterprise itself), indirect (in suppliers and service providers linked to it), or induced (generated by employees spending their wages). Indirect and induced jobs are only counted in projects structured under a Regional Center, validated by econometric models approved by USCIS.

Lawful Source of Funds

USCIS requires detailed, auditable documentation of the origin of invested capital. Accepted sources include salary savings accumulated over years supported by corresponding tax returns, inheritance with probate documents and death certificates, real estate sales with deeds and contracts, corporate dividends with audited financial statements, and loans secured by the investor’s own assets. Every financial movement must be traceable from its origin to the project account, frequently requiring five to ten years of tax returns and supporting contracts.

Capital at Risk

The capital must remain at risk throughout the program’s sustained period. Investments with guaranteed returns or contractual buyback provisions are disqualified. The RIA established a requirement to maintain the investment for at least two years from the date the capital is put to use by the project, replacing the prior rule based on the duration of the conditional green card.

Process Overview: From I-526E to Permanent Green Card

Step 1: Initial Petition (Form I-526E)

The investor files Form I-526E with USCIS, demonstrating compliance with the investment requirements, lawful source of funds, and that the project will generate — or has already generated — the required jobs. The I-526E filing fee in 2026 is $11,160. Processing times vary widely: investments in rural TEA set-asides are frequently adjudicated in under 24 months, while conventional petitions may exceed 60 months. Current data is available at egov.uscis.gov/processing-times.

Step 2: Conditional Green Card

Once the I-526E is approved, investors residing outside the United States apply for an immigrant visa through consular processing (Form DS-260) at the competent embassy or consulate. Those already lawfully present in the U.S. may opt for adjustment of status using Form I-485, provided their priority date is current in the Visa Bulletin. The result is a conditional green card valid for two years.

Step 3: Removal of Conditions (Form I-829)

Within the 90 days before the conditional green card expires, the investor files Form I-829 demonstrating that the investment was sustained and that the ten jobs were created (or will be created within a reasonable timeframe). The I-829 filing fee in 2026 is $9,525. Approval results in a permanent ten-year green card, renewable thereafter.

Investment Structures: Direct vs. Regional Center

The EB-5 program allows two structures. In a direct investment, the investor deploys capital into a company they directly control or manage. Under this format, only direct jobs count toward the ten-job requirement. In a Regional Center investment, capital is channeled into a USCIS-approved regional center that manages larger-scale projects (typically real estate, infrastructure, or hospitality). Here, indirect and induced jobs may be counted, making it easier to meet the legal minimum.

The Regional Center program was reauthorized by the RIA through September 30, 2027, and accounts for the vast majority of EB-5 petitions filed. The choice between direct and Regional Center investment should consider risk tolerance, expected return, and the investor’s willingness to actively participate in managing the enterprise.

Realistic Timeline and Country-Specific Backlogs

The April 2026 Visa Bulletin shows important movements in EB-5 priority dates. For the unreserved category, China and India continue to carry significant retrogressed priority dates, while most other countries remain current. The reserved categories (rural, high unemployment, and infrastructure) remain without retrogression for most nationalities, making those set-asides especially attractive for Chinese and Indian investors.

For Brazilians and other nationals without a backlog, the typical EB-5 timeline runs approximately two to four years from filing the I-526E to approval of the permanent green card, depending on USCIS workload and the type of set-aside selected.

Risks and Final Considerations

The EB-5 is a legitimate immigration pathway, but it is not without risk. Investors may lose capital if the project fails commercially, if the job-creation target is not met, or if the Regional Center loses its USCIS designation. Due diligence on the project, the Regional Center operator, and the investment’s legal structure is just as critical as the immigration analysis of the petition itself.

Reviewing the project’s I-829 approval history, examining offering documents (Private Placement Memorandum), reviewing audit reports, and confirming the security structure with qualified independent professionals is essential before transferring any capital. The EB-5 delivers U.S. permanent residency with no tie to a specific employer, but it requires investors to understand exactly where, how, and for how long their capital will remain at risk.

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.