EB-5 Investor Visa Guide 2026: Requirements, Investment Amounts, and Process

What Is the EB-5 Immigrant Investor Program?

The EB-5 Immigrant Investor Program was created by Congress in 1990 (Immigration Act of 1990) to stimulate U.S. economic growth through foreign investment. It provides a path to permanent residence (green card) for foreign nationals who make qualifying capital investments in U.S. commercial enterprises that create or preserve at least 10 full-time jobs for qualifying U.S. workers.

The EB-5 Reform and Integrity Act of 2022 (part of the Consolidated Appropriations Act, 2022) significantly restructured the program, establishing a new integrity framework, reauthorizing the Regional Center Program, and modifying set-aside visa allocations. These reforms took effect in March 2022 and govern the current EB-5 landscape.

EB-5 is the only employment-based immigrant category that does not require a U.S. job offer or employer sponsor. The investor is the petitioner, and the investment itself is the basis for the green card, no Labor Certification (PERM) is needed.

How Much Do You Need to Invest for EB-5?

EB-5 has two investment thresholds depending on where the investment is located. The 2022 Reform Act set these amounts and tied future increases to inflation (CPI adjustments).

The investment must be made with "at-risk" capital, meaning it must be genuinely at risk of loss. Investments secured by a personal guarantee or backed by assets in a way that eliminates risk do not qualify. The capital can come from personal savings, business proceeds, gift, inheritance, or other legitimate sources, but the lawful source of funds must be thoroughly documented.

Loans secured by the investor's assets can qualify as EB-5 capital, but loans secured by the EB-5 enterprise itself do not qualify. Documentation of the capital path from origin to investment is one of the most document-intensive aspects of EB-5 adjudication.

Regional Center vs. Direct Investment: Which to Choose?

EB-5 investors have two pathways: investing through a USCIS-designated Regional Center, or making a direct investment into a new commercial enterprise they actively manage.

The vast majority of EB-5 investors use the Regional Center pathway because it allows passive investment (no day-to-day management required) and the job counting methodology is more flexible, indirect and induced jobs count toward the 10-job minimum, making it far easier to satisfy the requirement through large construction or development projects.

The EB-5 Process: From I-526E to Green Card

The EB-5 path to a green card involves multiple USCIS petitions and, for most investors, a long wait due to oversubscription in some countries.

Step 1, I-526E Petition (Regional Center investors) or I-526 (Direct investors): File the immigrant petition with evidence of qualifying investment, lawful source of funds, and business plan demonstrating job creation. USCIS adjudication currently takes 3–5 years for many cases, though this varies. Premium processing is not available.

Step 2, NVC Processing or I-485: After I-526E approval, if a visa number is available (determined by the Visa Bulletin), proceed to either Adjustment of Status (I-485 if in the U.S.) or Consular Processing (via NVC and embassy interview).

Step 3, Conditional Green Card (I-551 with 2-year validity): Upon approval, investors receive a conditional permanent residence card valid for 2 years. This is not a full green card, conditions must be removed within the 2-year period.

Step 4, I-829 Petition to Remove Conditions: File within the 90-day window before the conditional green card expires. Prove that the investment was sustained, the business created 10 qualifying jobs, and the investor maintained their investment. I-829 adjudication currently takes 2–4 years; USCIS issues a notice extending the conditional green card while I-829 is pending.

Step 5, Unconditional Green Card: Upon I-829 approval, the investor receives a permanent 10-year green card.

EB-5 Country-Specific Backlogs and Set-Asides

EB-5 has a total annual cap of approximately 10,000 visas (including derivatives). The 2022 Reform Act created specific set-aside allocations to address chronic oversubscription in certain countries, particularly China and India.

Chinese investors face the longest waits due to high historical demand, backlogs can stretch 10–15+ years for the general pool. Indian investors face growing backlogs as demand has increased. Investors from most other countries (Brazil, Vietnam, South Korea, etc.) typically face no backlog for set-aside visas and much shorter waits overall.