ImmigrantInvestmentConditional residenceAnnual capForm I-526 / I-526E

EB-5 Immigrant Investor

Green card for investors who place $1,050,000 — or $800,000 in a targeted employment area or infrastructure project — in a U.S. business that creates at least 10 full-time jobs.

Last reviewed Oct 1, 2026Sources: USCIS · Federal RegisterReport an error

At a glance

Minimum investment: $1,050,000
Targeted employment area / infrastructure: $800,000
Jobs: At least 10 full-time jobs per investor
Regional Center Program: Authorized through Sept 30, 2027
Conditional residence: 2 years, then Form I-829
Annual numbers: 7.1% of EB limit; 32% set aside

New EB-5 fees from November 30, 2026; investment amounts adjust January 1, 2027. A final rule published September 30, 2026 raises Form I-526 to $7,615, initial Form I-526E to $7,850 and Form I-829 to $5,000 for filings on or after November 30, 2026. Separately, the minimum investment amounts are tied to inflation, with the first adjustment effective for petitions filed on or after January 1, 2027; USCIS had not published the new amounts as of October 1, 2026.

Overview

EB-5 lets a foreign investor and family become permanent residents by investing in a new commercial enterprise that creates or preserves at least 10 permanent full-time jobs for qualifying U.S. workers. For petitions filed on or after March 15, 2022, the minimum is $1,050,000, or $800,000 in a targeted employment area (rural or high-unemployment) or an infrastructure project (USCIS).

Investors may invest directly (Form I-526) or through a USCIS-designated regional center (Form I-526E), where up to 90% of the jobs may be indirect. Visas under the Regional Center Program are authorized through September 30, 2027 (USCIS).

EB-5 receives 7.1% of the employment-based limit; 20% of EB-5 numbers are reserved for rural projects, 10% for high-unemployment areas and 2% for infrastructure (Visa Bulletin). Approved investors receive 2-year conditional residence and then file Form I-829 to remove conditions.

Who qualifies

Investment

$1,050,000, or $800,000 in a targeted employment area (rural, or unemployment at least 150% of the national average) or an infrastructure project.
Amounts adjust for inflation every 5 years, first for petitions filed on or after January 1, 2027 (USCIS).

Job creation

Create or preserve at least 10 permanent full-time jobs for qualifying U.S. workers.
Standalone investments must create the jobs directly; regional center investors may count indirect jobs for up to 90% of the requirement.

Reserved visas (set-asides)

Rural 20%, high unemployment 10%, infrastructure 2%; unused reserved numbers carry over for one year before joining the unreserved pool.

Duration & extensions

Conditional green card	2 years
Remove conditions	File Form I-829 in the 90 days before the card expires
Permanent green card	10-year card after I-829 approval
Naturalization	Generally after 5 years as a permanent resident (USCIS)

Fees

USCIS EB-5 fees change on November 30, 2026. Both sets are shown:

Fee	Amount	Who pays	Notes
Form I-526 (standalone investor)	$3,675 → $7,615	Investor	$3,675 through Nov 29, 2026 (G-1055); $7,615 (incl. $75 technology fee) from Nov 30, 2026 (final rule).
Form I-526E (regional center investor)	$3,675 → $7,850	Investor	Initial filing; amendments $7,775 from Nov 30, 2026 (final rule).
EB-5 Integrity Fund fee (initial I-526E)	$1,000 → $1,100	Investor	Separate payment required by the EB-5 Reform and Integrity Act of 2022 (G-1055; final rule).
Form I-829 (remove conditions)	$3,750 → $5,000	Investor	G-1055; final rule.
Form I-485 (adjustment of status, age 14+)	$1,440 paper / $1,390 online	Each applicant	Applicants under 14 filing with a parent: $950 paper / $900 online. G-1055
Immigrant visa application processing fee (consular processing)	$345	Each applicant	For applications based on an approved I-140 or I-526/I-526E petition. State Dept fees
USCIS Immigrant Fee	$235	Each immigrant visa holder	Paid after the immigrant visa is issued, to produce the green card. G-1055

Current fees reflect pre-April 2024 amounts restored after the November 12, 2025 order in Moody v. Noem. Regional center operators pay separate Form I-956 series fees. Premium processing is not designated for EB-5 forms in G-1055.

Processing time

Final action — unreserved (Oct 2026): Current; China: Dec 1, 2016 · India: Dec 1, 2023 (Visa Bulletin)
Final action — set-asides: Current; Rural, high unemployment and infrastructure, all countries (Visa Bulletin)

I-526, I-526E and I-829 times vary; check USCIS processing times. For October 2026, USCIS accepts employment-based I-485 filings under the Dates for Filing chart (EB-5 unreserved: China March 1, 2021; India May 1, 2024; all others and all set-asides current).

Application steps

1
Choose a project
Invest directly in a new commercial enterprise or through a designated regional center project.
2
Invest and document funds
Place the required capital at risk and gather evidence of its lawful source.
3
File Form I-526 or I-526E
Include the filing fee and, for I-526E, the separate Integrity Fund fee. Form I-526E is filed by mail; Form I-485 may be filed concurrently if a visa is available.
4
Get conditional residence
After approval, apply for an immigrant visa abroad (DS-260) or adjust status; the investor and family receive 2-year conditional green cards.
5
File Form I-829
In the 90 days before the conditional card expires, petition to remove the conditions with evidence about the investment and jobs.
6
Permanent green card
On I-829 approval, conditions are removed and a 10-year card is issued.

Required documents

Typical evidence

Business plan and enterprise formation documents (or regional center project documents)
Proof of investment transfer and that funds are at risk
Lawful source-of-funds records (tax returns, bank, sale, gift or loan documents)
TEA evidence when claiming the $800,000 amount
For I-829: evidence of sustained investment and job creation

Dependents & family

A spouse and unmarried children under 21 are included as derivatives and receive the same 2-year conditional residence (USCIS).

After you arrive

EB-5 investors arrive (or adjust) as conditional permanent residents:

Step 1

Conditional residence

The conditional card is valid for 2 years.

Step 2

File Form I-829

File in the 90-day window before the card expires; failing to file ends conditional status unless good cause is shown (USCIS).

Step 3

Naturalize

Permanent residents may generally apply for citizenship after 5 years (USCIS).

Since May 21, 2026, USCIS policy memo PM-602-0199 tells officers to treat adjustment of status as extraordinary, discretionary relief. It recognizes dual-intent nonimmigrant categories (such as H-1B and L-1) as an exception, but states that holding dual-intent status is not by itself enough for a favorable decision. Nationals of countries covered by Proclamations 10949 and 10998 face a suspension of immigrant visa issuance (with limited exceptions); a separate 75-country immigrant visa pause that began January 21, 2026 ended on August 21, 2026 under a court order.

E-2

Treaty investor

Temporary investor status; no minimum amount but treaty nationality required.

Gold Card

Gold Card program

Gift-based alternative using EB-1/EB-2 classifications.

EB-1

Priority workers

Includes multinational executives who move their business.

L-1A

Intracompany manager

Temporary transfer status for company executives.

Common questions

How much must an EB-5 investor invest?

$1,050,000, or $800,000 in a targeted employment area or infrastructure project, for petitions filed since March 15, 2022. The amounts adjust for inflation for petitions filed on or after January 1, 2027 (USCIS).

When does the Regional Center Program expire?

Immigrant visas under the program are authorized through September 30, 2027 (USCIS).

What are the I-526E fees?

$3,675 plus a $1,000 Integrity Fund fee until November 29, 2026; from November 30, 2026, $7,850 plus $1,100 (final rule).

Is there a backlog?

Set-aside categories are current for all countries in October 2026; unreserved EB-5 has cutoffs for China (Dec 1, 2016) and India (Dec 1, 2023) (Visa Bulletin).

Official sources

Recent changes

Sep 30, 2026
EB-5 fee final rule (effective November 30, 2026). Sets new fees: I-526 $7,615; I-526E $7,850 (amendments $7,775); I-829 $5,000; I-526E Integrity Fund fee $1,100; new Form I-527 $10,330 for certain pre-2022 investors; Form I-956 $44,115. Source ↗
Sep 18, 2026
New Form I-485 edition required. USCIS rejects the 01/20/25 edition of Form I-485 if postmarked or electronically submitted on or after September 18, 2026; only the 09/18/26 edition is accepted, with no grace period. Source ↗
Sep 18, 2026
2022 public charge rule rescinded. A DHS final rule (91 FR 45324) rescinding the 2022 public charge regulations took effect September 18, 2026. It applies to applications for admission made, and adjustment applications postmarked or electronically submitted, on or after that date; USCIS lists employment-based categories among those subject to the public charge ground. Source ↗
Aug 24, 2026
Court enjoins USCIS adjudication holds for nationals of 39 countries. In Red Eagle Law, L.C. v. Edlow (N.D. Cal.), the court enjoined PM-602-0192 and PM-602-0194 for a certified class of citizens or natives of the countries listed in Proclamations 10949 or 10998 (or the Palestinian Authority) and ordered USCIS to adjudicate their applications in the normal course. USCIS says it will follow the order pending further judicial review. Source ↗
Aug 21, 2026
Immigrant visa pause for 75 nationalities ends. Under the court’s order in CLINIC et al. v. Rubio et al., the January 2026 pause of immigrant visa issuance to nationals of 75 countries is no longer in effect as of August 21, 2026. Source ↗
Jun 5, 2026
Court vacates USCIS benefit-hold memos agency-wide. In Dorcas International Institute of Rhode Island v. USCIS (D.R.I.), the court vacated PM-602-0192, PM-602-0194 and PA 2025-26, which had put on hold benefit requests (including adjustment of status) from nationals of the countries listed in Proclamations 10949 and 10998. Final judgment was entered June 11, 2026, and USCIS says the vacatur applies agency-wide. Source ↗
May 21, 2026
PM-602-0199: adjustment of status treated as “extraordinary” discretionary relief. USCIS policy memo directs officers to weigh that adjustment of status is an act of administrative grace not meant to replace consular processing. It acknowledges exceptions for dual-intent nonimmigrant categories, but says dual-intent status alone does not warrant a favorable exercise of discretion. Source ↗
Jan 21, 2026
Immigrant visa issuance paused for nationals of 75 countries. The Department of State paused immigrant visa issuance to nationals of 75 countries while reviewing public-charge screening. The pause ended August 21, 2026 under a court order. Source ↗
Jan 1, 2026
Proclamation 10998 entry restrictions take effect. Proclamation 10998 (signed December 16, 2025) took effect January 1, 2026, fully suspending visas, including all immigrant visas, for nationals of 19 countries plus Palestinian Authority travel documents, and suspending all immigrant visas for nationals of 20 more countries (for 19 of them, also B, F, M and J visas), subject to listed exceptions. Source ↗
Nov 12, 2025
Court restores pre-April 2024 EB-5 fees. In Moody v. Noem (D. Colo.), the court held the EB-5 Reform and Integrity Act barred DHS from adjusting EB-5 fees in the 2024 fee rule; USCIS reverted to the fees in effect until March 31, 2024 and rejected the higher fees after November 26, 2025. Source ↗
Jun 4, 2025
Proclamation 10949 restricts entry from listed countries. Presidential Proclamation 10949 suspended visa issuance, including immigrant visas, for nationals of designated countries; it was later expanded by Proclamation 10998. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.