USA EB-5 Immigrant Investor Program 2026

Reviewed by Sudenur Elmas, Ketenci & Ketenci International Law Firm. Last updated: August 2026.

The EB-5 Immigrant Investor Program offers a pathway to U.S. permanent residency for foreign investors who contribute to economic growth by creating jobs and investing in the U.S. economy. It was created by the Immigration Act of 1990 and is codified at INA section 203(b)(5); the program was substantially reformed by the EB-5 Reform and Integrity Act of 2022 (RIA), which set the current investment thresholds, created reserved visa categories, and reauthorized the Regional Center Program through 30 September 2027.

Overview of the EB-5 Visa

The program allows investors and qualifying derivatives, meaning a spouse and unmarried children under 21, to apply for a green card if they:

Make the necessary investment in a commercial enterprise in the United States, and
Plan to create at least 10 permanent full-time jobs for qualifying U.S. workers, or, in limited troubled-business cases, preserve existing jobs.

Investment Requirements

Minimum Investment Amounts

USD 1,050,000 for standard investments outside a Targeted Employment Area.
USD 800,000 for investments in a Targeted Employment Area (TEA), meaning a qualifying rural or high-unemployment area, or in a qualifying infrastructure project under the Regional Center Program. Infrastructure projects are a separate statutory category from TEAs, though they share the same reduced threshold, and standalone direct investors are not eligible for the infrastructure set-aside.

These figures have applied since the RIA took effect on 15 March 2022 and are scheduled for their first inflation adjustment on 1 January 2027, so amounts may change for petitions filed after that date.

Commercial Enterprise

The investment must be made in a for-profit commercial enterprise, including but not limited to a sole proprietorship, partnership, holding company, joint venture, corporation, or business trust. The enterprise is generally required to have been established after 29 November 1990, though limited exceptions exist for restructured or expanded existing businesses. The invested capital must be genuinely at risk for the purpose of generating a return; neither the return of capital nor any investment profit can be structured as guaranteed without undermining the at-risk requirement, and USCIS approval of a petition or a Regional Center is not a government guarantee of a project's financial performance.

Source and Path of Funds

Investors must document that the invested capital was obtained through lawful means and can be traced from its origin, such as salary, business earnings, sale of property, inheritance, gift, or a permissible loan, through to the enterprise. Since the RIA, USCIS applies heightened scrutiny to this documentation, including bank records and tax filings, and gaps in the paper trail are a common source of delay or denial.

Job Creation

The investment must create at least 10 full-time positions for qualifying U.S. workers. For direct investment, this is generally assessed through jobs created directly by the new commercial enterprise; for Regional Center investments, indirect and induced jobs calculated under an accepted economic methodology may also count. At the Form I-829 stage, USCIS assesses whether the required jobs have been created, or can reasonably be expected to be created within a reasonable period, rather than treating any single date as an absolute deadline. The period during which the investment must remain sustained also differs depending on when the petition was filed: petitions filed on or after 15 March 2022 are governed by the RIA's revised sustainment framework, while earlier petitions remain subject to the sustainment rules that applied before the RIA.

Set-Aside Visa Categories

The RIA reserves 32% of the annual EB-5 visa allocation across three categories: 20% for rural areas, 10% for high-unemployment areas, and 2% for infrastructure projects. These reserved categories, along with priority processing for rural petitions, can offer more predictable visa availability than the unreserved category, where waiting times vary significantly by an investor's country of chargeability. Unreserved availability should always be checked against the current monthly Visa Bulletin rather than assumed from historical wait times, since backlogs for individual countries can change.

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Application Procedure

Find a Suitable EB-5 Project

Investors select a qualifying EB-5 project, either by investing directly in a new or existing business or through a Regional Center, which pools investments for larger projects.

Invest Capital

The required capital amount is invested in the chosen project. The funds must be at risk for the purpose of generating a return on the capital placed at risk, and must be shown to derive from lawful sources.

File the Immigrant Petition

Investors in a Regional Center project file Form I-526E, while direct investors file Form I-526, together with evidence of the investment and job creation plan. Since the RIA, these petitions must document that the investment funds are lawfully obtained and traceable to the enterprise.

Apply for Conditional Permanent Residency

Once the petition is approved, investors living outside the U.S. generally go through consular processing to obtain an immigrant visa. Applicants already in the United States who are otherwise eligible to adjust status, and for whom an EB-5 visa number is immediately available, may instead file Form I-485, Application to Register Permanent Residence or Adjust Status. Where a visa is immediately available, Form I-485 may in some cases be filed concurrently with Form I-526 or I-526E rather than only after petition approval; Regional Center investors should also confirm that the relevant project has an accepted Form I-956F on file, since a petition can be affected if it does not.

File Form I-829 to Remove Conditions

Within the 90-day period immediately before the second anniversary of admission or adjustment as a conditional permanent resident, investors must file Form I-829 to demonstrate that the investment has been sustained and the job creation requirements have been met. A properly filed I-829 automatically extends evidence of conditional permanent resident status for the period stated on the USCIS receipt notice while the petition remains pending, which can take a significant period to adjudicate.

Removal of Conditions

Upon approval of the I-829 petition, the conditions on the investor's permanent resident status are removed, and the investor and qualifying derivatives continue as unconditional lawful permanent residents rather than receiving a new grant of status.

Direct Investment vs. Regional Center Investment

Feature	Direct EB-5	Regional Center EB-5
Petition form	Form I-526	Form I-526E
Job counting	Primarily direct jobs at the enterprise	Direct jobs, plus indirect and induced jobs under an accepted economic model
Investor role	Typically active in day-to-day management	Usually a limited-partner or passive-investor role in the enterprise, while still meeting programme requirements
Infrastructure set-aside	Not eligible	Eligible, subject to project qualification
Additional filing	Not applicable	Project generally requires an accepted Form I-956F on file

Processing Time

Processing times vary considerably by petition type, project, visa category, and USCIS workload, and have differed significantly between standalone I-526 petitions and Regional Center I-526E petitions in recent USCIS data. Rather than relying on a fixed timeframe, applicants should check the current USCIS processing-time tool for the relevant form and consult the monthly Visa Bulletin for visa availability in their category and country of chargeability when planning.

Additional Considerations

Due Diligence: Thorough due diligence on potential EB-5 projects is essential to assess risks, the project's job-creation track record, and the likelihood of meeting the program's requirements. We can assist with legal due diligence and the immigration-law characteristics of a project; any investment or securities suitability assessment should be undertaken with appropriately authorised investment professionals, since that is a separate role from immigration counsel.
Legal Assistance: Experienced immigration counsel who specialize in EB-5 investments can help navigate the application process and monitor compliance with a fast-changing set of legal requirements.
Programme Status: The EB-5 immigrant visa category itself is a statutory category under the INA and is not tied to a fixed expiry date. The Regional Center Program, which allows pooled investment and indirect job counting, is a separate authorization that was most recently reauthorized through 30 September 2027 under the RIA; a lapse in that authorization would affect Regional Center investments differently than direct, standalone EB-5 investment. Investors should confirm current programme status before committing capital, since rules and deadlines can change.

Conclusion

The EB-5 Visa offers a route for foreign investors to gain U.S. permanent residency by contributing to the American economy. The process involves significant investment and detailed documentation requirements, and outcomes depend heavily on the quality and track record of the underlying project. Due diligence, careful planning, and experienced legal guidance are central to a well-prepared EB-5 application.

Frequently Asked Questions

Why choose the United States for EB-5?

The United States offers a large, stable economy and allows dual citizenship, so investors are not generally required to give up their original nationality. It remains one of the most requested destinations for investment migration, though prospective applicants should weigh it against other programmes based on their own goals and risk tolerance.

What is the difference between Form I-526 and Form I-526E?

Form I-526 is filed by standalone, direct EB-5 investors. Form I-526E is filed by investors in a Regional Center project. The forms request different evidence reflecting the different job-counting methods and project structures available under each route.

Is a guaranteed return on my EB-5 investment possible?

No, not in the way the term is commonly used. EB-5 capital must remain genuinely at risk for the purpose of generating a return, and structuring a guaranteed return of principal or profit can undermine eligibility. USCIS approval of a petition or a Regional Center does not guarantee a project's financial performance.

What happens if my project does not create enough jobs or is terminated?

If the required job creation is not met, or the project fails before the requirement is satisfied, the I-829 petition to remove conditions can be denied and conditional permanent resident status can be lost. This is one of the central risks of EB-5 investment, which is why project due diligence and job-creation track record matter as much as the headline investment amount.

Do I have to travel to the US to complete the EB-5 process?

Some form of entry to the United States is generally required to activate conditional permanent residence, and conditional and permanent residents should generally not remain outside the United States for an extended period without a re-entry permit or returning resident visa, since prolonged absence can jeopardize the residency being obtained and, later, eligibility for naturalisation.

Is the US a tax haven for EB-5 investors?

No. The United States taxes its citizens and, generally, its permanent residents on worldwide income, including income earned abroad after relocating outside the US. Certain business and investment structures can be tax-efficient, but this requires dedicated tax planning rather than a general assumption of low taxation.

Is there official legislation regulating the EB-5 program?

Yes. The EB-5 category was created by the Immigration Act of 1990 and is codified at INA section 203(b)(5). The program was substantially reformed by the EB-5 Reform and Integrity Act of 2022, which set the current investment thresholds, created set-aside visa categories, and reauthorized the Regional Center Program.

Do you offer real estate or project options for EB-5?

Yes. We can introduce clients to project options suitable for EB-5 investment and support legal due diligence on the immigration-law characteristics of a project. Assessing the investment or securities suitability of a specific project is a separate role from immigration counsel and should involve appropriately authorised investment professionals.

How many family members can apply with the main applicant, and when can they naturalise?

The main applicant's spouse and unmarried children under 21 may be included as derivatives. The five-year residence clock for naturalisation starts when conditional permanent residence is approved and includes the two-year conditional period, so eligible family members can generally apply once they have held permanent residence for five years and meet the other naturalisation requirements, including physical presence and good moral character.

What happens if my child turns 21 during the EB-5 process?

A derivative child who turns 21 before the process concludes can, depending on visa availability and case-specific factors under the Child Status Protection Act, risk losing eligibility to immigrate as a derivative. Families with children approaching this age should discuss timing with counsel as early as possible.

Is there a language requirement for naturalisation?

Yes. Applicants for naturalisation generally must demonstrate the ability to read, write, and speak basic English, and pass a civics test on US history and government, subject to age- and residence-based exemptions.

What are a US citizen's tax obligations if they live abroad?

The United States taxes its citizens on worldwide income regardless of where they live, which is unusual internationally. A citizen residing abroad generally still has US tax filing obligations, though credits, exclusions, and treaties can reduce double taxation depending on the circumstances.

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Sudenur Elmas

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Official, legislative and supporting sources:

USCIS, EB-5 Immigrant Investor Process, official step-by-step process
USCIS, Employment-Based Immigration: Fifth Preference EB-5, official program overview and current thresholds
USCIS, EB-5 Questions and Answers, official guidance on set-aside categories and processing priorities
U.S. Department of State, Visa Bulletin, current visa availability by category and country of chargeability

This page is provided for general informational purposes only and does not constitute legal or investment advice. EB-5 capital must remain at risk, and neither the investment return nor the immigration outcome is guaranteed. Investment thresholds, visa availability, and program status are set by U.S. law and are subject to change. For advice specific to your circumstances, please contact our legal team directly.