What are the EB-5 investor visa requirements in 2026?
TL;DR: In 2026, EB-5 requires a minimum investment of $800,000 in a Targeted Employment Area (TEA) or qualifying infrastructure project, or $1,050,000 for a standard non-TEA project, plus creating or preserving at least 10 full-time jobs for US workers. These figures are set by the EB-5 Reform and Integrity Act of 2022 and are expected to hold until the next scheduled inflation adjustment.
The Claim
EB-5 is the employment-based immigrant investor green card category. It requires a qualifying investment in a new commercial enterprise, active job creation, and that the invested capital be genuinely at risk.
The Evidence
Under the EB-5 Reform and Integrity Act of 2022 (RIA), the two-tier investment structure is:
- $800,000 for investments in a Targeted Employment Area (rural areas or areas with high unemployment) or a qualifying infrastructure project.
- $1,050,000 for investments outside a TEA (standard projects).
Both tiers require the investment to create or preserve at least 10 full-time jobs for qualifying US workers within the required timeframe. The RIA also created set-asides within the annual EB-5 visa allocation specifically for rural, high-unemployment, and infrastructure projects, which has meaningfully shortened wait times for investors in those categories compared to standard projects, especially for applicants from high-demand countries.
These dollar figures are tied to CPI-based inflation adjustments scheduled roughly every five years; industry commentary suggests the next adjustment (expected around 2027) could raise the thresholds meaningfully, so investors planning further out should confirm current amounts before committing capital.
EB-5 Investment Tiers
| Project Type | Minimum Investment | Job Creation Requirement |
|---|---|---|
| Targeted Employment Area (TEA) / Infrastructure | $800,000 | 10 full-time jobs |
| Standard (non-TEA) | $1,050,000 | 10 full-time jobs |
Step-by-Step: The EB-5 Process
- Identify a qualifying project — either a direct investment or a Regional Center-sponsored new commercial enterprise.
- Confirm TEA status (if pursuing the lower threshold) through the required designation process.
- Invest the required capital, ensuring funds are lawfully sourced and documented (this is heavily scrutinized).
- File Form I-526E (Regional Center) or I-526 (direct investment) as your immigrant petition.
- Once approved and a visa number is available, file I-485 (if in the US) or go through consular processing.
- After approval, you receive conditional permanent residence; file Form I-829 near the two-year mark to remove conditions once job creation is documented.
FAQ
Does EB-5 require me to actively manage the business? Not always. Regional Center investments generally allow more passive investment, while direct EB-5 investments typically require some involvement in day-to-day management or policy-making.
Are EB-5 set-aside visas faster than standard EB-5? Yes, in many cases. The rural, high-unemployment, and infrastructure set-asides created by the RIA have shorter visa number wait times than standard (non-set-aside) EB-5 cases as of 2025-2026 Visa Bulletin data.
Can I lose my green card if the EB-5 business fails? The investment must remain "at risk" throughout the required period, but a business underperforming isn't automatically disqualifying — the core test at I-829 is whether the investment was sustained and the job creation requirement was met.
Is the source-of-funds documentation really that strict? Yes, it's one of the most common reasons for RFEs and denials — investors need a clear, lawfully-sourced paper trail for every dollar invested, often going back several years.
By Pinal Dave Last updated: 2026-07-24