EB-5 Visa: The Complete Guide to the Green Card by Investment in 2026

The EB-5 visa remains the primary pathway to investment-based immigration in the United States. Created by Congress in 1990 and overhauled by the EB-5 Reform and Integrity Act of 2022, the program allows foreign investors, their spouses, and unmarried children under 21 to obtain a green card by investing capital in a commercial enterprise on U.S. soil. The core requirement is straightforward in theory and complex in practice: the investment must create or preserve at least ten full-time jobs for qualifying U.S. workers.

Minimum Investment Amounts

EB-5 minimum investment thresholds are periodically adjusted by USCIS to keep pace with inflation. Following the 2025 adjustment, the amounts in effect for 2026 are approximately $1.05 million for standard investments and $800,000 for projects located in a Targeted Employment Area, or TEA. TEAs include rural areas and regions with unemployment rates at least 150% above the national average.

The difference between these two categories goes beyond the dollar amount. TEA projects attract the majority of petitions precisely because of the lower investment threshold and the government’s policy of directing private capital toward economically distressed regions. The RIA also reserved specific annual visa set-asides for rural TEAs, high-unemployment areas, and infrastructure projects — which can mean shorter queues for investors in those categories.

Job Creation

The requirement to create ten full-time jobs per investor is the heart of the EB-5 program. For direct investments, the investor must show that the company hired those workers on its payroll. For Regional Center investments, the count may include direct, indirect, and induced jobs calculated through econometric models recognized by USCIS.

This requirement is not merely administrative. It will be revisited two years after the conditional green card is granted, at the time of filing to remove conditions via Form I-829. Without proof of job creation, permanent status is at risk. That is why economic due diligence on a project’s viability before investing is just as important as the legal analysis.

Regional Centers and the 2022 Reform

Most investors choose to invest through Regional Centers — entities authorized by USCIS to manage EB-5 projects and count indirect jobs. The EB-5 Reform and Integrity Act, signed into law in March 2022, reauthorized the Regional Center program through September 30, 2027 and introduced substantial investor protections.

Key changes include mandatory annual audits of Regional Centers, expanded financial disclosure requirements, segregation of funds into secured accounts, sanctions against non-compliant centers, and the investor’s right to retain their priority date if a Regional Center loses its authorization. The number of approved Regional Centers fluctuates over time as new centers are authorized and others have their registrations terminated by USCIS.

The Step-by-Step Process

The path to a green card through EB-5 involves distinct forms and two major stages: obtaining conditional permanent residence and, later, removing the conditions.

• Form I-526E (for Regional Center investments) or Form I-526 (for direct investments): the initial petition demonstrating the lawful source of funds, the capital invested, and the business plan.
• Form I-485: adjustment of status for investors already lawfully present in the U.S., after the priority date becomes current.
• Consular processing: the alternative for applicants filing from abroad, with an interview at the U.S. consulate in the country of residence.
• Form I-829: petition to remove the conditions on the green card, filed during the 90-day window before the second anniversary of the conditional green card grant.

Capital at Risk and Fraud Prevention

The program requires that capital be literally at risk — exposed to a genuine possibility of loss. Guarantees of returns, forced buybacks, or promises of an automatic green card are red flags indicating both non-compliance with the legal standard and possible fraud.

USCIS recommends that investors conduct thorough due diligence on the project, verify the Regional Center’s track record of approvals and capital returns, and, where applicable, review records with the Securities and Exchange Commission and state regulatory authorities. The SEC itself has filed numerous enforcement actions in recent years against Regional Centers and sponsors accused of misappropriating EB-5 investor funds.

Visa Bulletin and Wait Times

EB-5 has limited annual visa numbers and is subject to the monthly Visa Bulletin published by the Department of State. Investors born in high-demand countries such as mainland China and India have historically faced long backlogs in the standard categories. The RIA set-aside categories (rural TEA, high unemployment, and infrastructure), however, tend to have current or near-current dates, which has redirected capital flows toward those project types.

Monitoring the Visa Bulletin every month is essential to understand where the backlog stands by country of birth and category. The priority date is fixed on the date the initial petition is filed and follows the investor throughout the entire process.

Who Actually Benefits from EB-5

EB-5 is a viable route for investors with demonstrable assets and the willingness to lock up significant capital for several years. Families seeking a green card without relying on an employer sponsor, entrepreneurs looking to expand their businesses into the U.S., and professionals who do not meet the academic qualifications for EB-1 or EB-2 NIW all find a structured alternative in EB-5.

On the other hand, EB-5 is not a solution for those who need rapid immigration or whose budget falls below the legal minimum. The process typically takes years from the initial investment to the I-829 approval, and the capital remains exposed to market risk throughout. Combining immigration legal analysis, financial due diligence, and international tax planning is essential before making the decision to invest.

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.