🇺🇸 Residency by Investment

USA EB-5 Immigrant Investor Visa Program 2026

From $800,000

Min. Investment (TEA)

10 Jobs

Created or Preserved

32%

Visas Set-Aside (RIA)

Family

Spouse + Children U21

EB-5 Immigrant Investor Programme Overview 2026

The EB-5 Immigrant Investor Programme provides a federal pathway to United States permanent residence (Green Card) through qualified investment in the American economy. Established by the Immigration Act of 1990 and codified at Section 203(b)(5) of the Immigration and Nationality Act, the programme allocates approximately 10,000 visas annually (including derivatives) within the employment-based fifth preference category. The EB-5 Reform and Integrity Act of 2022 introduced enhanced oversight, statutory visa set-asides, an integrity fund, and recalibrated investment thresholds.

The programme operates as a conditional residency pathway. Foreign investors who meet the capital investment and job creation requirements receive conditional permanent resident status for an initial two-year period. After demonstrating sustained investment and that the required jobs have been created or preserved, the investor files Form I-829 to remove conditions and obtain unconditional permanent residence. The conditional status, the petition steps, and the inflation adjustments to the investment thresholds are all directly grounded in statute, not in agency discretion.

EB-5 Investment Requirements 2026

The EB-5 programme requires investors to commit capital at risk in a qualifying new commercial enterprise. Investment amounts are set by statute under the EB-5 Reform and Integrity Act of 2022 and adjusted every five years based on the Consumer Price Index for All Urban Consumers. The thresholds applicable through 2026 remain those established at the programme's reform implementation, with the next statutory inflation adjustment scheduled for January 1, 2027.

EB-5 Source of Funds Requirements

Investors must demonstrate that the investment capital was obtained through lawful means. USCIS requires comprehensive documentation tracing the path of funds from their original source to the US commercial enterprise. Acceptable sources include business earnings, asset sales, inheritance, gifts (with full donor documentation), and loans secured by the investor's own assets, where the investor is personally and primarily liable. Source-of-funds preparation is consistently the most documentation-intensive component of any EB-5 application and is the most common ground for Requests for Evidence (RFEs).

Capital must be invested in a tangible new commercial enterprise: any for-profit entity formed in the United States for the ongoing conduct of lawful business. Qualifying structures include sole proprietorships, partnerships, corporations, joint ventures, holding companies with wholly owned subsidiaries, business trusts, and limited liability companies. The investment must remain at risk, with no contractual guarantee of return of capital.

EB-5 Targeted Employment Areas (TEA) Explained

Targeted Employment Areas (TEAs) are geographic designations created by USCIS to channel EB-5 capital into regions with greater economic need. The EB-5 Reform and Integrity Act transferred TEA designation authority exclusively to USCIS, removing the prior state designation power and establishing standardised, federally controlled criteria. Three TEA categories qualify for the reduced $800,000 investment threshold and corresponding visa set-asides.

Rural TEA Criteria

A rural TEA is an area that meets all of the following criteria based on the most recent decennial US Census data:

• Located outside any Metropolitan Statistical Area (MSA)
• Beyond the outer boundary of any city or town with a population of 20,000 inhabitants or more
• Population density consistent with rural classification

Rural TEA investments receive substantial advantages under the RIA: priority processing for Form I-526E petitions, the largest set-aside allocation (20% of annual EB-5 visas), and the reduced investment threshold of $800,000. For investors from countries facing significant unreserved-category backlogs, the rural set-aside is generally the most strategically valuable category.

High Unemployment TEA Criteria

A high-unemployment TEA is an area with an unemployment rate of at least 150% of the national average. Under the RIA, the high-unemployment determination is made by reference to:

• The census tract where the new commercial enterprise is principally doing business
• Any or all directly adjacent census tracts
• Current unemployment data from the US Bureau of Labor Statistics

High-unemployment TEAs receive 10% of the annual EB-5 visa allocation through the reserved category, alongside the reduced $800,000 investment threshold.

Infrastructure Project Criteria

An infrastructure project is a capital investment project administered by a governmental entity (federal, state, or local) that contracts with a regional centre to receive EB-5 capital for maintaining, improving, or constructing public works. Infrastructure projects qualify for the $800,000 investment threshold and a 2% visa set-aside.

EB-5 Investment Pathways: Standalone vs Regional Centre

The EB-5 programme provides two distinct investment structures. The choice between them determines the petition form filed, the job creation methodology, the investor's degree of operational involvement, and the applicable USCIS oversight regime.

Standalone EB-5 (Direct Investment)

The standalone pathway requires the investor to establish or invest in a new commercial enterprise independent of any regional centre. Standalone investors file Form I-526 and must create 10 direct full-time jobs within the new commercial enterprise or its wholly owned subsidiaries. Direct jobs are positions with a formal employer-employee relationship between the new commercial enterprise and qualifying US workers.

Under regulations effective March 15, 2022, pooled investments with multiple EB-5 investors are permitted only through the regional centre programme. Each standalone investor must independently satisfy the full 10-job requirement. Standalone investors typically maintain a more active management or policy-making role in the commercial enterprise.

Regional Centre EB-5

The Regional Centre Programme, reauthorised through the EB-5 Reform and Integrity Act, allows investors to pool capital with other funding sources in USCIS-approved regional centres. Regional centre investors file Form I-526E and may fulfil up to 90% of the job creation requirement through indirect and induced jobs. Indirect jobs are positions held outside the new commercial enterprise but created as a result of the investment, demonstrated through reasonable economic methodologies (such as IMPLAN or RIMS II input-output models). Induced jobs result from employee spending on consumer goods and services.

The RIA introduced significant regional centre oversight requirements: annual reporting obligations, monitoring and compliance procedures, securities law compliance, and statutory sanctions for non-compliance. Regional centres pay annual fees to finance the EB-5 Integrity Fund ($20,000 for centres with more than 20 investors; $10,000 for those with 20 or fewer investors).

EB-5 Filing Fees 2026 After the Moody v. Mayorkas Ruling

Fees current as of USCIS Form G-1055 (edition published November 14, 2025). DHS final fee rule expected mid-2026 may revise these figures. Source: USCIS EB-5 What's New page and Form G-1055 Fee Schedule.

EB-5 Cost Scenarios: Individual and Family Applications

The EB-5 capital investment is a per-petition commitment, not a per-person commitment. The principal investor's investment threshold remains the same whether applying alone or with derivative beneficiaries. Government filing fees, however, scale with the number of derivative family members, and most regional centre projects charge a separate administrative or syndication fee on top of the statutory capital commitment.

Capital amounts reflect the statutory TEA threshold. Regional centre administrative fees, legal fees, source-of-funds documentation preparation costs, translation and Apostille charges, US tax planning, and any required pre-immigration restructuring are additional and project-specific. Standard (non-TEA) investment requires $1,050,000 in qualifying capital.

USA EB-5 Programme Benefits

• Unrestricted right to live, work, and study anywhere in the United States on conditional and then unconditional permanent resident status
• Direct pathway to US citizenship after five years of permanent residence, subject to physical presence and naturalisation requirements
• Family inclusion on the same petition: spouse and unmarried children under 21 receive identical immigration status
• No employment sponsorship dependency: unlike H-1B, L-1, or E-2 categories, EB-5 status is not tied to a specific employer or business activity
• Access to in-state tuition at public universities after meeting state residency requirements (significant cost reduction compared with international student tuition)
• Eligibility for federal student aid programmes available to permanent residents
• Full access to US healthcare, banking, and credit infrastructure as a lawful permanent resident
• Visa set-aside categories offer materially shorter waiting periods for investors from countries facing significant unreserved-category backlogs
• Concurrent filing under the RIA: eligible investors lawfully in the US can file Form I-485 simultaneously with Form I-526/I-526E when visa numbers are immediately available, allowing earlier work and travel authorisation

EB-5 Residency Rights and Conditional Status Renewal

Upon approval of adjustment of status or admission to the United States with an EB-5 immigrant visa, USCIS grants conditional permanent resident status to the investor and to each derivative family member. Conditional status is valid for two years from the date of approval or admission and confers all of the substantive rights of permanent residence, including the right to live in any state, work for any employer in any lawful occupation, and travel internationally.

Conditional Period Maintenance Requirements

During the two-year conditional period, the investor must:

• Maintain the required capital at risk in the new commercial enterprise
• Ensure the new commercial enterprise continues operating as a for-profit commercial business
• Achieve the required job creation (10 full-time positions) before the conditional period ends
• Maintain continuous US residence in line with general permanent resident obligations

Removal of Conditions via Form I-829

Within the 90-day period immediately before the second anniversary of conditional residence, the investor files Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. Conditional status is automatically extended while Form I-829 is pending with USCIS. Upon Form I-829 approval, USCIS grants unconditional permanent resident status, and the investor and derivatives receive new Green Cards without the conditional notation.

EB-5 Pathway to US Citizenship

The EB-5 investor visa provides the same pathway to US citizenship as any other permanent resident category. The principal investor and derivative family members may apply for naturalisation under Section 316 of the Immigration and Nationality Act once the statutory eligibility requirements are met.

Standard Naturalisation Requirements (INA Section 316)

• Five years of continuous residence as a lawful permanent resident (conditional and unconditional time both count)
• Physical presence in the United States for at least 30 months out of the five-year period
• Continuous residence in the state or USCIS district of the naturalisation application for at least three months
• Good moral character throughout the statutory period
• Demonstrated knowledge of English (reading, writing, speaking) and US civics
• Attachment to the principles of the US Constitution

Naturalisation Through Marriage to a US Citizen (INA Section 319)

Where the EB-5 investor's spouse is a US citizen, the residency requirement is reduced to three years of continuous residence, provided the marital relationship is maintained and the US citizen spouse has held citizenship throughout that period.

The US Constitution and the Immigration and Nationality Act do not prohibit dual citizenship; however, the investor must individually verify the dual nationality rules of the country of original citizenship, as some jurisdictions impose restrictions or require renunciation upon acquiring US citizenship.

EB-5 Eligibility Requirements and Dependent Inclusion

Financial Eligibility

Investors must possess and invest the required capital amount ($800,000 for TEA investments or $1,050,000 for standard investments) obtained through lawful means. Capital includes cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the investor where the investor is personally and primarily liable.

Source-of-Funds Documentation

The investor must establish a clear, traceable path of funds from origin to the new commercial enterprise. Acceptable supporting documentation typically includes tax returns, audited business records, property sale agreements, gift letters with full donor documentation, inheritance records, and loan agreements showing the investor's personal liability. Inadequate source-of-funds documentation is the most common cause of Requests for Evidence and denials.

Admissibility

Investors must be admissible to the United States under federal immigration law. Grounds of inadmissibility include certain criminal convictions, prior immigration violations, health-related issues, and national security concerns. EB-5 investors undergo the same background checks, fingerprinting (where required), and security screenings as applicants in other immigrant visa categories.

Engagement with the Commercial Enterprise

The investor must demonstrate engagement with the new commercial enterprise through day-to-day managerial control or policy formulation. For regional centre investments, the engagement requirement is typically satisfied through the investor's position as a limited partner with rights of oversight, voting on major business decisions, or service on an advisory committee, without requiring active daily operational management.

Dependent Inclusion

Eligible derivative beneficiaries include the principal investor's spouse and any unmarried children under 21 years of age at the time of visa issuance or adjustment of status. Each derivative requires separate visa documentation and applicable filing fees. Derivative beneficiaries receive the same conditional permanent resident status as the principal investor and must join in filing Form I-829 to remove conditions.

The Child Status Protection Act (CSPA) provides relief for derivative children who would otherwise age out during long processing periods. CSPA calculations are case-specific and should be analysed by qualified US immigration counsel before relying on protected age status.

Documents Required for the USA EB-5 Application

The exact documentation set varies with the investor's country of origin, source-of-funds profile, and investment pathway. The following are universally required across all EB-5 petitions:

Personal and Family Documentation

• Valid passport for the principal investor and each derivative beneficiary
• Birth certificates for the principal and each derivative beneficiary
• Marriage certificate (where applicable); divorce decrees from prior marriages
• Police clearance certificates from every country of residence over the past several years
• Medical examination report (Form I-693) from a USCIS-designated civil surgeon
• Recent passport-style photographs meeting USCIS specifications

Source-of-Funds Documentation

• Personal and corporate tax returns covering the relevant historical period
• Bank statements tracing capital from source through investment
• Business ownership and valuation records (where capital is from business sale or earnings)
• Property sale agreements and proof of payment (where capital is from real estate)
• Inheritance and probate records (where capital is inherited)
• Gift deed and donor's source-of-funds documentation (where capital is gifted)
• Loan agreements showing personal liability and collateral (where capital is borrowed)

Investment Documentation

• Subscription or partnership agreements with the new commercial enterprise or regional centre
• Wire transfer records and escrow agreements evidencing capital deployment
• Business plan (USCIS Matter of Ho-compliant) detailing job creation methodology
• For regional centre investments: Form I-956F approval of the project
• Securities offering documents (private placement memorandum, where applicable)

USA EB-5 Application Process

The EB-5 application process moves through sequential statutory stages. Each stage requires specific documentation and USCIS approval before the next stage begins. Processing times for Form I-526, Form I-526E, and Form I-829 are published by USCIS and updated quarterly; investors should verify current ranges through the official USCIS processing times tool at uscis.gov.

USCIS EB-5 Inventory Management Update (March 2026)

Effective March 30, 2026, USCIS generally assigns Form I-526 and Form I-526E petitions for review under a First In, First Out (FIFO) approach that balances statutory visa-set-aside obligations with petition aging. The sequencing rules are as follows:

• Form I-526E petitions are reviewed after USCIS issues official decisions on the associated Form I-956F (Application for Approval of an Investment in a Commercial Enterprise). The investor's petition is contingent on the underlying project's regulatory clearance.
• Form I-526E rural petitions are queued separately using FIFO to prioritise anticipated fiscal-year rural visa usage. This protects the 20% rural set-aside from being undermined by adjudication sequencing.
• Other Form I-526E and post-RIA Form I-526 petitions follow FIFO after the rural queue is empty or once USCIS has issued enough decisions to meet anticipated fiscal-year rural set-aside demand.
• Pre-RIA petitions filed on or before November 30, 2019 continue to be grouped by new commercial enterprise (NCE) under a separate workflow established July 18, 2023.

For investors from countries facing significant unreserved-category backlogs, the practical effect of the Inventory Management approach is to reinforce the strategic value of the rural set-aside category, since rural Form I-526E petitions sit in a dedicated, separately prioritised queue.

Expert Commentary

USA EB-5 FAQ: Cost, Eligibility, Processing

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Conclusion

The USA EB-5 Immigrant Investor Visa Programme provides a statutorily codified pathway to United States permanent residence for investors who commit qualifying capital, create the required US jobs, and successfully complete the conditional-to-unconditional residency sequence. In 2026, two regulatory developments structure the practical landscape: the federal court ruling in Moody v. Mayorkas restored pre-April 2024 filing fees through USCIS Form G-1055 (November 14, 2025), and the USCIS Inventory Management approach effective March 30, 2026 codifies a FIFO sequencing that prioritises rural Form I-526E petitions in a dedicated queue.

Prospective investors should evaluate investment options against three principal axes: regional centre designation status and Form I-956F approval (for regional centre pathway), TEA qualification (rural, high-unemployment, or infrastructure) to access the reduced threshold and visa set-aside, and project economic viability. The programme requires substantial capital at risk with no contractual guarantee of return. Comprehensive due diligence covering both the investment structure and the immigration profile is essential, and source-of-funds preparation is the single most documentation-intensive component of the process.