What Is the EB-5 Visa?
The EB-5 Immigrant Investor Program is a fifth preference employment-based (EB) category that grants a path to permanent residence for foreign nationals who make a qualifying investment in a US commercial enterprise and create jobs for US workers.
Congress created EB-5 in 1990. The EB-5 Reform and Integrity Act of 2022 (part of the Consolidated Appropriations Act) significantly restructured the program, reauthorizing regional centers and creating new integrity measures.
Investment Amounts (2026)
| Investment Location | Minimum Investment | Jobs Required |
|---|---|---|
| Targeted Employment Area (TEA) Rural areas or areas with high unemployment (≥150% national average) |
$800,000 | 10 full-time US jobs |
| Non-TEA (standard) Urban or other non-targeted areas |
$1,050,000 | 10 full-time US jobs |
Regional Center vs. Direct Investment
- Pool funds with other investors through a USCIS-designated regional center
- Indirect job creation counts toward the 10-job requirement
- Passive investment — no management involvement required
- Most common EB-5 path (~95% of petitions)
- Invest directly in your own business or a specific enterprise
- Only direct jobs (W-2 employees) count toward 10-job requirement
- Requires active management or policy-making role
- More control but higher operational burden
Step-by-Step Process
Choose a USCIS-designated regional center or structure a direct investment. Funds must be fully at risk in the commercial enterprise. Source-of-funds documentation is critical.
File the immigrant petition with USCIS. The 2026 filing fee is $11,160 for both I-526 and I-526E (paper only — no online option). Include comprehensive business plan, job creation projections, and source-of-funds evidence.
Processing times vary. Recent I-526E processing has ranged from 12 to 48+ months. Chinese and Indian investors may face additional wait due to visa retrogression.
If in the US and a visa is available: file I-485 ($1,440 per adult). If abroad: process through a US consulate via the National Visa Center. EB-5 for China and India may face visa backlogs; check the Visa Bulletin.
EB-5 investors receive a 2-year conditional green card. Conditions require that the investment was sustained and the required jobs were created/maintained.
Within the 90 days before the conditional green card expires, file I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status). The 2026 I-829 fee is $9,525. USCIS will verify job creation and sustained investment.
2026 USCIS Fee Summary
| Form | Purpose | 2026 Fee |
|---|---|---|
| I-526 / I-526E | Immigrant Petition by Investor | $11,160 |
| I-485 | Adjustment of Status (per person) | $1,440 |
| I-765 | EAD — concurrent with I-485 | $260 |
| I-131 | Advance Parole — concurrent with I-485 | Included |
| USCIS Immigrant Fee | Green card production (after I-485 approval) | $235 per person |
| I-829 | Remove conditions on permanent residence | $9,525 |
Visa Retrogression and Priority Dates
EB-5 is subject to annual per-country visa limits. China and India have faced significant retrogression, meaning investors from those countries may wait years even after I-526/I-526E approval before a visa number becomes available. Check the monthly Visa Bulletin for current EB-5 cutoff dates.