EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program is the United States' primary investor immigration pathway, granting lawful permanent residency to foreign nationals who invest a substantial amount of capital in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers. Established by the Immigration Act of 1990 and significantly reformed by the EB-5 Reform and Integrity Act of 2022, the program is administered by USCIS. No employer sponsorship is required — the investor self-petitions. Approximately 10,000 EB-5 visas are allocated annually (including derivative family members).

The program offers two investment pathways:

• Standalone (direct) investment via Form I-526: The investor creates or directly invests in a job-creating enterprise and must be actively involved in management (day-to-day management, policy formulation, or serving as a corporate officer or board member). All 10 jobs must be direct, full-time positions.

• Regional Center investment via Form I-526E: The investor pools capital through a USCIS-approved regional center that channels funds into larger projects. Up to 90% of the job requirement can be met through indirect and induced jobs as measured by economic models — suitable for passive investors. The Regional Center Program is authorized through September 30, 2027.

• $800,000 — Targeted Employment Areas (rural areas, high-unemployment areas, or infrastructure projects)
• $1,050,000 — All other areas

These amounts will be automatically adjusted for inflation (using CPI-U) every 5 years, with the first adjustment effective January 1, 2027.

• No educational, professional, or language requirements
• Must demonstrate a lawful source of all investment capital (7 years of tax returns, bank statements, and financial records tracing the path of funds)
• The full investment amount must be placed at risk in a qualifying new commercial enterprise
• The enterprise must create at least 10 full-time jobs for qualifying U.S. workers
• Investor must have a management role in the enterprise (limited partnership rights satisfy this for regional center investors)

For Form I-526/I-526E:

• Evidence of lawful source of capital (7 years of personal and business tax returns, bank statements, financial records)
• Proof that investment capital has been placed at risk in a qualifying new commercial enterprise
• Business plan demonstrating creation of 10 full-time jobs
• Evidence of enterprise formation and structure
• For TEA claims: evidence of TEA designation
• For regional center investors: evidence of association with a USCIS-approved regional center

For Form I-485 (adjustment of status) or Form DS-260 (consular processing):

• Form I-797 approval notice, medical examination (Form I-693), passport, birth certificate, police records as applicable

EB-5 grants conditional permanent residence for 2 years. Within the 90-day window before the 2nd anniversary of conditional status, the investor must file Form I-829 to remove conditions — demonstrating that the investment was sustained and the required jobs were created. Upon I-829 approval, status becomes unconditional lawful permanent residence. After 5 years as a permanent resident (including the conditional period), holders may apply for U.S. citizenship through naturalization.

Spouse and unmarried children under 21 are included as derivative beneficiaries and receive the same conditional permanent resident status. Each family member files their own Form I-485 or DS-260 and must undergo a medical examination and background check. No additional investment is required for dependants.

Lawful permanent residents are treated as U.S. tax residents and must file annual federal income tax returns reporting worldwide income to the IRS. U.S. federal and applicable state and local income taxes apply. Tax treaties may provide relief from double taxation.

The EB-5 process has four stages:

1. File Form I-526 or I-526E by mail to a USCIS lockbox, with comprehensive evidence of the investment, lawful source of capital, job creation plan, and enterprise structure. Processing time: approximately 27.5 months for standalone, approximately 13.5 months for regional center (rural TEA projects average 6–12 months).

2. Adjustment of status or consular processing: After petition approval, if a visa number is available, file Form I-485 (if in the U.S.) or apply for an immigrant visa (Form DS-260) at a U.S. embassy or consulate. Concurrent filing of I-526/I-526E and I-485 is permitted when a visa number is immediately current.

3. Conditional permanent residence: Upon admission or adjustment, the investor and derivatives receive conditional permanent resident status for 2 years.

4. Form I-829: File within the 90-day window before the 2-year anniversary of conditional status to remove conditions and obtain unconditional permanent residence. Processing takes approximately 22–48 months; all permanent resident rights are maintained while I-829 is pending.

Note: Nationals of China and India may face multi-year waits for visa availability due to per-country limits, even after petition approval. Rural TEA projects benefit from visa set-asides and faster processing.

USCIS is transitioning to first-in, first-out (FIFO) processing for EB-5 petitions, with rural TEA petitions receiving priority. A proposed EB-5-specific fee rule was published in the Federal Register on October 23, 2025 (DHS Docket No. USCIS-2025-0139) but remains in proposed stage as of March 2026. The first CPI-U inflation adjustment to investment thresholds takes effect January 1, 2027, with specific amounts not yet published.

In September 2025, Executive Order 14351 established the Gold Card program as a separate pathway to U.S. permanent residency. Unlike EB-5, the Gold Card requires a $1 million financial contribution to the U.S. government (no job creation or business involvement needed) and uses EB-1/EB-2 NIW visa classifications. Applications are filed via Form I-140G with a $15,000 filing fee per person. The Gold Card is designed as a faster, simpler alternative for high-net-worth individuals, while EB-5 remains the primary investor immigration pathway with lower minimum thresholds but more complex requirements.