EB-5 Investor Visa: Green Card Requirements 2026

The EB-5 investor visa is a US immigration program that grants permanent residency (a green card) to foreign nationals who make a qualifying capital investment in a US commercial enterprise. To be eligible, you must invest the required minimum amount, create at least 10 full-time jobs for US workers, and meet USCIS documentation standards. This pathway is one of the fastest routes to a green card for high-net-worth individuals.

EB-5 Investment Requirements in 2026

USCIS sets two investment thresholds depending on where your project is located:

• $1,050,000 — standard minimum investment in a non-targeted area.
• $800,000 — reduced minimum for investments in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment.

In addition to the capital requirement, your investment must directly or indirectly create or preserve at least 10 full-time jobs for qualifying US employees within two years of your admission as a conditional permanent resident.

Direct Investment vs. Regional Center

There are two main ways to invest under the EB-5 program:

• Direct Investment: You invest in and actively manage your own US business. Job creation must be direct and documented.
• Regional Center Program: You invest through a USCIS-designated Regional Center. This option allows indirect job creation, making it more flexible and popular among foreign investors.

Most applicants choose the Regional Center route because it simplifies job-counting requirements and allows passive investment. Always verify that a Regional Center holds a valid USCIS designation before committing funds.

Step-by-Step Application Process

Follow these concrete steps to pursue an EB-5 green card:

• Step 1 — Choose your investment: Select a USCIS-approved Regional Center project or a direct investment opportunity in a qualifying US business.
• Step 2 — Transfer capital: Move your funds from a lawful source into a qualifying escrow or investment account.
• Step 3 — File Form I-526E (or I-526): Submit your Immigrant Petition by Alien Investor to USCIS, proving your investment and job-creation plan. There is no separate I-526 filing fee listed here; consult USCIS for current amounts.
• Step 4 — Apply for an immigrant visa or adjustment of status: If you are outside the US, apply for a visa at a US consulate. If you are already in the US, file Form I-485 (Application to Register Permanent Residence). The I-485 filing fee is $1,440.
• Step 5 — Receive conditional green card: Upon approval, you receive a 2-year conditional green card.
• Step 6 — File Form I-829: Within 90 days before your conditional green card expires, file Form I-829 to remove conditions by proving your investment was sustained and jobs were created.
• Step 7 — Receive permanent green card: After I-829 approval, you become a lawful permanent resident without conditions.

Key Pitfalls to Avoid

The EB-5 process involves complex legal and financial documentation. Common mistakes include failing to prove the lawful source of funds, investing in an unvetted Regional Center, or missing I-829 filing deadlines. Working with a qualified professional is strongly recommended. Ilya Fishkin, immigration attorney has extensive experience guiding EB-5 investors through every stage of the process, from initial petition to removal of conditions.

This material is for informational purposes only and does not constitute legal advice