EB-5 immigrant investor program in the US

The EB-5 Immigrant Investor Program is an employment-based path to lawful permanent residence (a Green Card) for people who make a qualifying investment in a US commercial enterprise and create or preserve jobs.

It may suit affluent expats, globally mobile families, and entrepreneurs, but it is not simply a way to buy US permanent residence.

In this guide, we’ll cover topics including the eligibility requirements, minimum investment amounts, and the application process.

Important: This guide is general information only, and does not constitute legal, tax, or investment advice. EB-5 rules, visa availability, and filing strategy depend on your personal situation, so it’s a good idea to speak with a qualified immigration attorney and relevant financial and tax professionals before proceeding with an application.

Key takeaways

Topic	What to know
Minimum investment	The current EB-5 visa minimum investment is $800,000 for qualifying TEA or infrastructure projects, or $1,050,000 in other cases.
Job rule	Each investor must create or preserve 10 permanent full-time jobs for qualified US workers.
Family members	Your spouse and unmarried children under 21 can usually be included as derivative beneficiaries.
Main filing path	Most applicants file Form I-526E for a regional center investment or Form I-526 for a direct standalone investment, then complete consular processing or adjustment of status.
Biggest timing caveat	There is no single EB-5 processing time. USCIS petition review, visa availability, and embassy or adjustment timing are separate stages.
2026 or 2027 status	USCIS says immigrant visas under the Regional Center Program are authorized through September 30, 2027, so it is not accurate to say the whole program ends in 2026.

What the EB-5 program is and who it suits

The EB-5 immigrant investor program is the fifth employment-based immigrant visa category in the US. It allows investors and certain eligible family members to apply for lawful permanent residence (a Green Card) if the investor makes a qualifying investment in a US commercial enterprise and the investment meets the program’s job creation requirements.

In practice, EB-5 generally best suits people who can clearly document the source of their funds, accept that their investment must remain at risk, and handle a lengthy process with multiple administrative stages.

If your main goal is simply portfolio growth, it helps to compare EB-5 with broader US investment options first. EB-5 is an immigration pathway designed to encourage job creation, not a standard investment product.

Regional center vs direct EB-5

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

• Direct EB-5, where you invest directly as a standalone investor and usually help manage your own qualifying business
• Regional center EB-5, where you invest through a USCIS-designated regional center that sponsors qualifying projects

A regional center is a public or private organization approved by USCIS to promote economic growth through EB-5 investment. Many applicants choose this route because the job creation rules are more flexible and can include certain indirect jobs created by the investment, making it easier to satisfy the 10-job requirement.

Direct EB-5 is often a better fit for entrepreneurs who want to own and actively manage a business. If you plan to run a business yourself, you’ll also need to consider practical issues such as business structure, tax obligations, and choosing a suitable business account for day-to-day operations.

One important point to remember is that USCIS approval of a regional center does not mean USCIS has approved, endorsed, or guaranteed the quality, financial viability, or safety of any individual investment project. Investors should always carry out their own due diligence before committing funds.

EB-5 requirements and minimum investment

The core EB-5 visa requirements are capital, job creation, and proof that the money was lawfully obtained.

The current threshold for petitions filed on or after March 15, 2022 is either $800,000 or 1,050,000, depending on the type of investment. USCIS says petitions filed on or after January 1, 2027 may be subject to inflation adjustments.

The lower amount can apply if the investment is in a targeted employment area, known as a TEA, or in a qualifying infrastructure project under the regional center rules. The higher amount applies outside those categories.

💡 A common question is whether the money alone is enough. It is not.

➡️ USCIS says each investor must create or preserve 10 permanent full-time jobs for qualified US workers, and full-time generally means positions requiring at least 35 hours of work per week. For the regional center EB-5 visa route, these can include indirect jobs (e.g. existing outside of the new commercial enterprise but created as a result of it).

⚠️ The investor, the investor’s spouse and children, and people with nonimmigrant status (e.g., temporary visa holders) do not count toward that 10-job rule.

So in summary, you will need to do the following before applying for an EB-5 visa:

• Decide whether you are applying through the direct standalone investor or regional center investor route
• Check that you have the necessary investment funds to meet the threshold of your chosen route
• Confirm that your chosen project will meet the job creation requirements
• Prove that you can source your funds from a lawful source

Investment threshold	When it may apply	What to verify first
$800,000	TEA project, such as a rural or high-unemployment area, or a qualifying regional center infrastructure project	Ask how the TEA or infrastructure basis was established, whether the filing falls under current rules, and whether the project documents match that basis
$1,050,000	Project outside the lower-threshold categories	Confirm that the business plan, capital stack, and filing route all reflect the standard threshold

Source of funds, TEAs, and “at risk” rules

Lawful source of funds means you must show the capital was obtained legally and can be traced. Salary, business income, asset sales, inheritance, gifts, and certain loans can all be used as investment capital, but you’ll need to follow USCIS rules regarding proving how this was obtained. If a family gift or private loan is involved, USCIS may also expect evidence showing where that money originally came from.

TEA stands for Targeted Employment Area. At a high level, that means a rural area or an area with high unemployment, and USCIS rules decide whether the lower threshold can apply.

USCIS also says the investment must be at risk, which means there must be both a chance of gain and a risk of loss. Promises of guaranteed repayment, guaranteed profit, or a guaranteed green card are red flags.

How the EB-5 process works step by step

The EB-5 application process may look simple on paper, but it involves several stages and can take several years to complete. First, you show that your investment qualifies. Then, once a visa is available, you complete the immigration process before later applying to remove the conditions on your permanent residence.

1. Choose either the direct EB-5 route or the regional center EB-5 route 
2. File Form I-526 (for a standalone direct investment) or Form I-526E (for a regional center investment) 
3. If a visa is available, complete consular processing abroad (using Form DS-260) or file for adjustment of status in the US if eligible (using Form I-485). 
4. Receive conditional permanent residence (a conditional Green Card) valid for two years. 
5. During the 90-day period before the second anniversary of becoming a conditional permanent resident, file Form I-829 to ask USCIS to remove the conditions on your permanent residence.

Stage	What usually happens
Petition stage	USCIS reviews whether the investment, business structure, and source-of-funds evidence meet EB-5 rules
Visa stage	If necessary, you wait until your priority date becomes current under the Visa Bulletin before an immigrant visa becomes available
Immigration stage	You complete immigrant visa processing at a US embassy or consulate abroad, or apply for adjustment of status in the US if eligible.
Conditional residence	You and approved family members receive two years of conditional permanent residence
Removal of conditions	USCIS reviews Form I-829 and the evidence that the investment was sustained and the job requirement was met or is expected to be met within the allowed timeframe

Applying from outside the US vs inside the US

If you are outside the US, the usual path is consular processing after petition approval and visa availability. If you are already in the US in a lawful immigration status, you may be able to apply for adjustment of status if you are eligible and an immigrant visa is immediately available.

One thing worth knowing is that concurrent filing (filing Form I-485 and Form I-526/526E at the same time) is available in certain situations, for example if petition approval would make a visa immediately available to you. It is more commonly available for applicants already inside the US and are eligible to adjust their visa.

EB-5 processing time and wait times by country

There is no single answer to the question, how long does the EB-5 process take? The overall timeline depends on three main stages:

1. USCIS must review the petition.
2. An immigrant visa number must be available.
3. You must complete immigrant visa processing through a US embassy or consulate, or adjustment of status through USCIS if eligible

Visa availability depends on annual visa limits. This is why EB-5 wait times can vary significantly by country, even when two investors filed their petitions in the same month.

In the July 2026 Visa Bulletin, the EB-5 unreserved category was current for all chargeability areas except China and India. China had a Final Action Date of December 1, 2016, and India was unavailable for unreserved EB-5 numbers for the rest of fiscal year 2026.

By contrast, the EB-5 reserved (set-aside) categories for rural, high-unemployment, and infrastructure cases were current for all chargeability areas in that bulletin. Note: these Visa Bulletin figures reflect July 2026 only and can change monthly.

Even if your category is current, that does not mean your Green Card will be issued immediately. USCIS petition processing can still take considerable time, and Visa Bulletin dates may move forward or backward depending on demand.

If you are chargeable to China or India, or are deciding between a reserved and unreserved EB-5 investment, check the latest Visa Bulletin regularly rather than relying on a single month’s results.

Wise Business for international businesses

If you are building a direct EB-5 operating business, Wise Business can provide useful services once the company is up and running. This is especially true if your operation involves international finances.

For example, a founder may need to pay overseas suppliers, settle invoices from lawyers or consultants abroad, reimburse contractors in other countries, or receive customer payments in supported currencies using local account details where available.

Wise can also help if you need to hold and convert multiple currencies while keeping business payments in one place. You can also get expense cards for yourself and your team, integrate with your cloud-based accounting tools, and manage your money easily from the Wise app.

EB-5 benefits, drawbacks, and whether you can get your money back

If you are not sure whether EB-5 is the right option, it helps to weigh the potential benefits against the risks. The main advantage is a possible pathway to US permanent residence for you and your eligible family.

The trade-off is that you must make a genuine at-risk investment while completing a lengthy, document-intensive immigration process.

⬆️ Potential benefits	⬇️ Potential drawbacks
Can include a spouse and unmarried children under 21	High capital commitment and investment risk
Leads first to conditional permanent residence, then potentially full permanent residence	Long timelines and possible visa backlogs for some countries
Lets permanent residents live and work in the US without employer sponsorship	Source-of-funds evidence can be extensive
Regional center route can be more practical for investors who do not want to run a business day to day	Return of capital is not guaranteed
Direct EB-5 may suit founders who want to build and directly operate a US business	Direct EB-5 involves greater management responsibility and a heavier job creation burden

Do EB-5 investors get their money back? It’s not guaranteed. EB-5 investments must be “at-risk” to qualify under the program, so there is no guarantee that you will recover your investment. If capital is returned, it will depend on the terms of the investment, the project’s performance, and the relevant offering documents. Any return of funds must also comply with EB-5 requirements.

There is also a risk of investment fraud. Be cautious if anyone promises guaranteed immigration approval, guaranteed repayment of your investment, or unusually high returns with little supporting detail.

If you become a US tax resident or otherwise have US tax obligations, you may need to file US tax returns and pay any taxes due. The exact rules depend on your immigration status, tax residency, income, and business activities.

Is EB-5 ending in 2026?

This question comes up frequently because online commentary often mixes together the law, filing strategy, and market speculation. The official position is narrower and clearer than many headlines suggest.

Myth ❌	Fact ✅
EB-5 ends in 2026	Current USCIS materials say the EB-5 Regional Center Program is authorized through September 30, 2027
Any 2026 deadline mentioned online is an official USCIS end date	Some discussion of a 2026 deadline relates to filing strategy, the EB-5 Reform and Integrity Act, or market planning – not to an official USCIS statement that the EB-5 program ends in 2026.
There is no point planning after 2026	Official USCIS materials do not say EB-5 stops in 2026. However, future legislation, visa availability, and demand can still affect processing times and planning.

As of 20th July 2026, there is no official indication that the EB-5 program will end in 2026. If you are planning an EB-5 investment, avoid relying on online commentary alone when deciding when to file. Instead, check the latest USCIS guidance and Visa Bulletin, as both immigration policy and visa availability can change over time.

If you are planning to relocate once your application is approved, our moving to the US guide covers the practical steps involved in settling in the US.

FAQs about the EB-5 immigrant investor program in the US

How much do I need to invest for an EB-5 visa?

For petitions filed under current rules, the minimum investment is generally $800,000 or $1,050,000. The lower amount applies when the investment is in a targeted employment area (TEA) or in a qualifying infrastructure project. Confirm the project’s classification before assuming the lower threshold applies.

How long does it take to get a green card after EB-5?

There is no single timeline because three factors matter: USCIS petition processing, visa availability, and the final immigrant visa or adjustment-of-status stage.

Once the investor is admitted to the US on an immigrant visa or their adjustment application is approved, they generally receive conditional permanent resident status for two years. They must then file Form I-829 within the required period to have the conditions removed.

What is the waiting time for EB-5?

Wait times vary according to USCIS processing, the investor’s country of chargeability, and whether a visa number is available in the relevant EB-5 category. The monthly Visa Bulletin is particularly important for applicants from countries with high demand, including China and India in the unreserved category.

Do EB-5 investors get their money back?

Repayment is not guaranteed. It depends on the project structure, business performance, and investment terms. To qualify for EB-5, the capital must be genuinely at risk and cannot be structured as a simple guaranteed repayment arrangement.

Is EB-5 ending in 2026?

No official guidance says that the entire EB-5 program ends in 2026. USCIS states that immigrant visas under the Regional Center Program are currently authorized through September 30, 2027. This authorization date relates specifically to the regional center route and should not be presented as an expiry date for the entire EB-5 immigrant investor category.

Useful resources

(accessed 20th July 2026)

• USCIS EB-5 Immigrant Investor Program
• Department of State Visa Bulletin for July 2026
• Library of Congress information on the EB-5 Immigrant Investor Program
• Henley & Partners information on the US Green Card by investment