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— US Green Card · By Investment · USCIS-Approved —

About the EB-5 program: how to get a U.S. green card through investment

The EB-5 Immigrant Investor Program is the U.S. government's path to permanent residency for foreign nationals who invest in a job-creating American business. One qualifying investment can put an investor, their spouse, and their unmarried children under 21 on the path to a green card — without an employer sponsor, a job offer, or a lottery.

This guide explains what the program is, how it works in 2026, what it costs, who qualifies, and the deadlines that matter this year. It reflects the rules established by the EB-5 Reform and Integrity Act of 2022, the law that governs every case filed today.

  • No employer sponsor
  • No job offer
  • Spouse + children under 21 included
  • No lottery

Reviewed by Wilka Toppins, Toppins Law Firm PC. Last updated September 2026.

— The Basics —

What is the EB-5 program?

EB-5 is an employment-based, fifth-preference immigrant visa category created by Congress in 1990 to stimulate the U.S. economy through foreign investment and job creation. In exchange for investing the required capital in a new commercial enterprise that creates at least 10 full-time American jobs, the investor and their immediate family become eligible for lawful permanent residence.

Unlike most U.S. immigration routes, EB-5 does not depend on an employer, a family relationship, or an annual lottery. The qualifying conditions are financial and factual — and each of the three pillars below is documentation-heavy. Weak proof in any one of them is a common reason cases stall.

Lawfully sourced capital

The capital must be lawfully earned and fully traceable, from its origin to the project account.

Capital placed at risk

The funds must be genuinely at risk in the business. By law, EB-5 capital cannot be guaranteed.

Required jobs created

The business must create the jobs the program requires — at least 10 full-time positions per investor.

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Most investors today invest through a regional center — a USCIS-approved entity that pools investor capital into larger projects — rather than starting a business themselves. More on that distinction below.

— The Process —

How EB-5 works, step by step.

At a high level, the EB-5 journey follows five stages.

01

Choose a project and invest

The investor commits the required capital to a qualifying new commercial enterprise. In a regional-center offering, funds are typically released to the project against construction or business milestones rather than handed over all at once.
02

File the investor petition

Form I-526E. This petition asks USCIS to confirm the investment and the project meet EB-5 requirements.

03

Obtain conditional residence

Once the petition is approved and a visa is available, the investor and qualifying family members receive a two-year conditional green card — either by adjusting status inside the U.S. or through consular processing abroad.
04

The project creates the jobs

Over the conditional period, the enterprise must create at least 10 full-time jobs per investor.

05

Remove the conditions

Form I-829. Near the end of the two years, the investor files to prove the investment was sustained and the jobs were created. On approval, the conditions are removed and the green card becomes permanent.

— The Numbers —

How much you need to invest.

The EB-5 investment amount is set by federal statute, not by any individual project. As of 2026, there are two levels.

TEA / Infrastructure
$800,000
For a project located in a Targeted Employment Area (TEA) or a qualifying infrastructure project.
Standard location
$1,050,000
For a project in a standard, non-TEA location.

These amounts were established by the EB-5 Reform and Integrity Act of 2022, which replaced the earlier $1,000,000 and $500,000 levels, and USCIS confirms they remain in effect today. They are scheduled to adjust for inflation on January 1, 2027 — the program's first such adjustment. The exact new figures have not yet been published; investors who file before an adjustment date lock in the lower amount for that filing, which is why filing ahead of a known increase is a common strategy.

Two points investors often miss

  • The investment amount is separate from fees. USCIS filing fees, legal fees, and any project administration fee sit on top. The capital itself is roughly 90% of the total commitment.
  • A project cannot lower the threshold. The only way to qualify at $800,000 is for the project itself to meet the TEA or infrastructure criteria.

— The Core Requirement —

The job-creation requirement.

Job creation is the heart of EB-5. Each investor's capital must create or preserve at least 10 full-time positions (35 or more hours per week) for qualifying U.S. workers, generally within about two years of receiving conditional residence.

Full-time jobs required per investor
10
Hours per week to count as full-time
35 +
Of jobs may be indirect via a regional center
90 %
Years from conditional residence
~ 2
Through a regional center

Indirect jobs count

Up to 90% of the 10 jobs may be indirect or induced — positions created in the wider economy by the project’s construction and operations, estimated using economic models USCIS accepts. This is the main reason most investors use regional centers.
Through a direct investment

Payroll jobs only

All 10 jobs must be actual W-2 positions on the enterprise’s own payroll.

Look for a cushion. A project that models more than the minimum jobs gives investors a buffer, which reduces the risk that a shortfall could jeopardize the I-829 stage.

— Two Routes —

Regional center vs. direct investment.

The structure you invest through changes how jobs are counted, how much operational risk you carry, and how much compliance oversight sits behind the project.

Before investing through a regional center, confirm the center holds a current USCIS designation and review the status of the specific project's Form I-956F application.

— How Residency Is Granted —

The two-step green card.

EB-5 grants residency in two stages, which trips up many first-time applicants.

01

Conditional permanent residence

A green card valid for two years, issued after the I-526E is approved and a visa is available.

02

Permanent residence

Granted after the investor files Form I-829 and proves the investment was sustained and the jobs were created.

The conditions exist so USCIS can verify that the promised investment and jobs actually materialized. Investors, spouses, and unmarried children under 21 are all included, subject to USCIS petition approval and individual eligibility.

— Paperwork —

The forms you'll file.

The EB-5 investment amount is set by federal statute, not by any individual project. As of 2026, there are two levels.

Filed by the regional center

Form I-956F

Gets the project approved. USCIS approval of an I-956F confirms the project meets program requirements; it is not an endorsement of the investment and does not guarantee any individual petition outcome.
Filed by the investor

Form I-526E

The individual investor’s petition, used for regional-center investments.
Filed at the end of the conditional period

Form I-829

The petition to remove conditions and obtain the permanent green card.
For eligible investors already in the U.S.

Forms I-485 / I-765 / I-131

Adjustment of status, work authorization, and advance parole — which may be filed concurrently with the I-526E. See timelines.

— Eligibility —

Who qualifies

EB-5 has no requirement for a particular education, language ability, or business background. The core requirements are financial and factual.

  • The ability to invest $800,000 or $1,050,000 in lawfully earned, fully traceable capital.
  • A willingness to place that capital at risk. By law, EB-5 capital cannot be guaranteed.
  • Investment in a qualifying project that will create the required jobs.
Commonly used by

Professionals on temporary visas

EB-5 is frequently used by professionals already in the U.S. on temporary visas — including H-1B, F-1 OPT, L-1, and O-1 — who want a residency path that does not depend on an employer or the H-1B lottery.

Offerings from private issuers in the U.S. are generally available only to accredited investors, and accredited-investor status is verified before investment.

— Real Questions —

Frequently asked questions.

The minimum is $800,000 for a project in a Targeted Employment Area or qualifying infrastructure project, or $1,050,000 for a standard-location project, plus separate government, legal, and administration fees. These amounts are scheduled to adjust for inflation on January 1, 2027.

At least 10 full-time jobs for qualifying U.S. workers. Through a regional center, up to 90% of those may be indirect or induced jobs estimated with accepted economic models.

Yes. The investor, their spouse, and unmarried children under 21 are eligible, subject to USCIS petition approval and individual eligibility.

Many investors do. If a visa is available, the RIA also allows eligible applicants in the U.S. to file for a work permit (I-765) concurrently with the I-526E. Timing is case-specific — consult your immigration attorney.

A rural area — outside a Metropolitan Statistical Area and outside any city or town of 20,000 or more — or a high-unemployment area, where unemployment is at least 150% of the national average. A TEA project qualifies at the lower $800,000 minimum.

No. By law, EB-5 capital must be at risk, so no guarantee of return, repayment, or immigration outcome is permitted. Evaluate every project on its risk profile and structure.

The I-526E is your initial investor petition that leads to a two-year conditional green card. The I-829 is filed near the end of those two years to prove the investment and jobs, remove the conditions, and obtain permanent residence.

Filing your I-526E on or before that date grandfathers you into current rules and locks in today’s investment amount ahead of the scheduled January 1, 2027 increase.

USCIS-Approved Project

MedPlex EB-5 — a USCIS-approved project in Katy, Texas.

MedPlex is a USCIS-approved EB-5 healthcare project offered through State Wide EB-5 Regional Center, LLC — a USCIS-designated regional center for the State of Texas since 2015.

To learn how the project is structured, how capital is protected, and your next steps, watch the on-demand investor briefing or book a call with our team.

Book a Consultation →

For accredited investors only. This is not an offer to sell securities; any offer is made solely through the Confidential Private Placement Memorandum. EB-5 investments involve substantial risk, including loss of capital and denial of immigration benefits. No guarantee of immigration or investment outcomes. Consult independent immigration counsel and qualified financial advisors before investing.