EB-5 EB-5 Immigrant Investor Program

At a Glance

Item	Details
Visa name	EB-5 Immigrant Investor
Purpose	Permanent residence through investment
Stay	Conditional residence for two years
Investment	$800,000 or $1,050,000
Cost	I-526E integrity fee: $1,000
Eligibility timing	I-485 requires immediately available visa
Work rights	Not stated in the source
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Not stated in the source
Citizenship	Not stated in the source
Family members	Spouse and unmarried children under 21
Visa record	Not stated in the source
Job requirement	Create or preserve 10 jobs
Processing	No processing time stated
Regional Center Program	Authorized through September 30, 2027

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Purpose

EB-5 provides a route to lawful permanent residence through capital investment and job creation in the United States.

Investors may invest directly in a new commercial enterprise or through a USCIS-designated regional center.

Basic Eligibility

You must:

• Invest required capital in a qualifying new commercial enterprise;
• Create at least 10 permanent full-time jobs for qualifying U.S. workers; and
• Establish that you legally own the invested capital.

Your spouse and unmarried children under 21 may qualify as derivative family members.

Investment Requirements

Petition filing date	Targeted employment area	Other areas
Before March 15, 2022	$500,000	$1,000,000
On or after March 15, 2022	$800,000	$1,050,000

The $800,000 amount applies to investments in a targeted employment area (TEA), including qualifying infrastructure projects.

Future investment adjustments are tied to CPI-U inflation. The first adjustment is effective for petitions filed on or after January 1, 2027.

Capital Rules

Capital may include cash and tangible real, personal, or mixed assets owned and controlled by the investor, valued at fair-market value in U.S. dollars.

Capital cannot include:

• Assets acquired through unlawful means;
• Investment in exchange for debt owed by the enterprise;
• Capital with a guaranteed return; or
• Capital subject to a contractual repayment right.

A promissory note may qualify in certain circumstances.

New Commercial Enterprise

The investment must be in a for-profit enterprise conducting lawful business.

The enterprise must have been established:

• After November 29, 1990; or
• Before that date, if restructured into a new enterprise; or
• Expanded by at least 40% in net worth or employees.

Owning and operating a personal residence does not qualify.

Job Creation

The investment must create at least 10 permanent, full-time positions for qualifying employees.

A full-time position generally requires at least 35 working hours per week. Seasonal, temporary, intermittent, and transient jobs do not qualify, although jobs expected to last at least two years generally qualify.

Qualifying employees include U.S. citizens, lawful permanent residents, and certain immigrants authorized to work. They do not include:

• The investor;
• The investor’s spouse or children; or
• Nonimmigrants not authorized to work.

Direct Investments

For enterprises outside a regional center, the enterprise or its wholly owned subsidiary must directly employ the qualifying workers.

Regional Center Investments

For regional center investments, jobs may be created directly or indirectly. Up to 90% of the job-creation requirement may be met through indirect jobs.

Troubled Businesses

Instead of creating new jobs, an investor in a troubled business may preserve jobs. The business must maintain employment at no less than the pre-investment level for at least two years.

A troubled business must have existed for at least two years and sustained a net loss of at least 20% of its net worth during the relevant 12- or 24-month period.

Targeted Employment Areas

A TEA is, at the time of investment:

• A rural area; or
• A high-unemployment area with unemployment of at least 150% of the national average.

A high-unemployment area may consist of the census tract where the enterprise principally operates and contiguous census tracts.

Visa Set-Asides

Each fiscal year, EB-5 visa numbers are reserved for qualifying investments:

Investment area	Set-aside
Rural area	20%
High-unemployment area	10%
Infrastructure project	2%

Unused set-aside visas remain available in the same category for one additional fiscal year before release to unreserved EB-5 numbers.

Application Process

1. File Form I-526 for a standalone investment, or Form I-526E for a regional center investment.
2. If an immigrant visa is immediately available, you may file Form I-485 with or after Form I-526 or I-526E.
3. After petition approval, either:
   • File DS-260 with the Department of State for an immigrant visa abroad; or
   • File Form I-485 to adjust status in the United States.
4. Upon admission or adjustment approval, you and eligible derivatives receive conditional permanent residence for two years.
5. File Form I-829 during the 90 days immediately before the second anniversary of conditional residence.
6. If Form I-829 is approved, USCIS removes the conditions on permanent residence.

Check visa availability and priority dates before filing Form I-485.

Fees and Payment Warning

USCIS published a new Form G-1055 fee schedule on November 14, 2025, affecting EB-5-related filing fees. The source does not state the current filing-fee amounts.

For an initial Form I-526E filed on or after October 1, 2022, pay a separate $1,000 Integrity Fund petition fee in addition to the filing fee.

Do not submit one combined payment for Form I-526 or I-526E and Forms I-485, I-131, or I-765. USCIS will reject improperly combined payments and return the fee.

Important Warnings

• EB-5 approval depends on meeting capital, job-creation, and other eligibility requirements.
• Regional center investments are subject to the Regional Center Program, authorized through September 30, 2027.
• Regional centers must meet separate Integrity Fund obligations; USCIS may terminate a center that fails to pay required annual fees.