EB-5 Visa Requirements: Investment Amounts, Job Creation, and Eligibility

The EB-5 is not complicated on the surface. Invest 800,000 or 1,050,000 dollars, create ten US jobs, prove the money is clean. In practice, denials cluster on the last point, not the first two. We spent the week of February 8, 2026 mapping the requirements against the adjudication record, and the pattern is clear: petitions fail at source of funds far more often than they fail at capital size or project viability. This guide lays out what USCIS tests, in the order they test it.

Last verified: 2026-02-08

The two core requirements: investment and job creation#

The EB-5 program rests on two non negotiable requirements. You must invest capital, and that capital must create jobs.

Investment requirement. Invest $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non TEA area at 2026 rates[1]. According to USCIS guidance on the EB-5 program, both amounts are indexed annually for inflation, so they may change each year. The investment must flow into a "new commercial enterprise," which USCIS defines as a for profit business created after November 29, 1990, or an existing business that has been substantially restructured.

Job creation requirement. The investment must create at least ten full time jobs for individuals who are US citizens, permanent residents, or other workers authorized to work in the United States[1]. Jobs must be permanent, not seasonal or short term.

Both are required. You cannot substitute a larger investment for fewer jobs. You cannot create jobs without investing the required amount. The denial is the same either way.

2026 investment amounts and TEA vs non-TEA#

Picking the wrong project structure costs money. Here is the current split.

TEA investment (Targeted Employment Area): $800,000 in 2026[1]. A TEA is either a rural area, meaning outside a Metropolitan Statistical Area, or an area with unemployment at least 150 percent of the national average. The lower threshold exists because Congress wanted capital flowing into places that needed it. TEA status is also where sponsors have historically stretched the definition, which is why the RIA tightened the rules.

Non TEA investment: $1,050,000 in 2026[1]. This applies to urban or otherwise non qualifying projects. The higher amount reflects the absence of a policy incentive.

The $250,000 gap is real money. It is also not worth chasing through a weak TEA claim. Under the EB-5 Reform and Integrity Act of 2022, USCIS now holds primary authority over TEA designations[2]. Regional centers and consultants no longer make the call. If the designation is questionable, the savings evaporate along with the petition.

Lawful source of funds#

USCIS requires proof that the $800,000 to $1,050,000 comes from a lawful, legitimate source. This is the most heavily scrutinized requirement in the program. Investigators will trace the money back to origin, sometimes across multiple countries and accounts.

Lawful sources include:

• Employment income: wages, salary, bonuses, and other earned income, documented by tax returns, W-2s, and employment contracts
• Business income: self employment, partnership, or ownership income documented by business tax returns, profit and loss statements, and corporate records
• Investment returns: income from the sale of securities, real estate, or other investments documented by brokerage statements and purchase or sale records
• Inheritance: funds from a family estate documented by will, probate records, and bank transfers
• Gifts: funds from family members with no repayment expectation, documented by gift letters and bank transfers
• Property sale proceeds: money from real estate or other property sales, documented by closing statements and deed transfers
• Retirement account withdrawals: 401(k), IRA, or pension distributions, documented by account statements
• Savings: accumulated lawful funds held in bank accounts, documented by account history

Unlawful sources include:

• Criminal proceeds: drug trafficking, theft, fraud, corruption
• Sanctions related funds: money connected to individuals or entities on government sanctions lists
• Unexplained deposits: large amounts with no documentation of origin
• Loans with undisclosed terms: borrowing that appears to be investment with hidden repayment obligations

USCIS will request extensive documentation: bank statements covering years before the investment, tax returns, gift letters with affidavits, inheritance documentation, business records. If you cannot explain the origin of the capital, the petition fails.

Red flags for USCIS reviewers:

• Large cash deposits with no explanation
• Rapid fund movement suggesting layering
• Source of funds that does not match reported income on tax returns
• Inconsistencies between stated occupation and the capital on hand
• Commingled funds with unclear origins

Gather at least two to three years of bank statements showing savings accumulation or the provenance of large deposits. Start early. This is where most petitions fall apart.

At risk investment requirement#

The $800,000 to $1,050,000 must be "at risk," meaning you could genuinely lose it if the business fails. This provision exists to prevent arrangements where investors receive guarantees, make unsecured loans to themselves, or otherwise remove risk[1].

At risk investment means:

• No principal guarantees: the project cannot guarantee return of capital
• No preferred returns: no contractual guarantee of a specific percentage return
• Real loss potential: if the business fails, you lose the investment like any other investor
• Equity or debt at risk: either ownership or a loan bearing actual business risk

At risk investment does not mean:

• You receive no return (profits and distributions on success are fine)
• You have no investor protections (standard information rights are fine)
• You guarantee job creation outcomes (market conditions can prevent full hiring)

Common violations of the at risk requirement:

• A project promises to return principal after a set period
• The sponsor guarantees an annual percentage return
• You draw a salary or management fee regardless of performance
• The structure shifts real loss risk to the sponsor rather than the investor

USCIS scrutinizes these structures carefully. Legitimate investments carry genuine downside. Here is our position: if the private placement memorandum language feels too comfortable, it probably is, and a competent EB-5 counsel should flag it before filing.

Job creation: full time, permanent jobs#

The ten job requirement is the program's foundation. The investment must directly or indirectly create at least ten full time jobs for US workers.

What qualifies as a job for EB-5 purposes:

• Full time: at least 35 hours per week, using Department of Labor standards
• Permanent: expected to last at least two years, the conditional green card period, not temporary or seasonal
• US worker: US citizen, permanent resident, temporary visa holder such as L-1 or H-1B, or any worker authorized to work in the US
• Created by the enterprise: the job must be created by the investment in the new commercial enterprise, or result from restructuring

Job counting methods:

Through a regional center, the center can count direct jobs (inside the enterprise), indirect jobs (inside suppliers), and induced jobs (from spending by workers in the enterprise)[3]. The broader math is why regional centers dominate program volume.

Through direct investment without a regional center, only direct jobs count[3]. The project must therefore be large enough or labor intensive enough to produce ten W-2 positions on its own.

Job tracking and I-829 petition:

When you file the I-829 petition to remove conditions after the two year conditional period, you must provide evidence that ten jobs were actually created and maintained. Evidence includes:

• Payroll records and W-2s
• Employment contracts and offer letters
• Tax filings showing payroll expenses
• Bank records showing wage payments
• Job descriptions and duties documentation

Failure to prove job creation results in I-829 denial and potential loss of status. This is where many investors falter despite a clean I-526E approval. Budget for documentation from day one.

Admissibility requirements#

Beyond capital and jobs, you must be admissible to the United States. USCIS will deny the petition if you have:

• Criminal convictions: felonies, crimes of moral turpitude, drug crimes, certain misdemeanors
• Fraud or misrepresentation: prior immigration fraud, loan fraud, or other deceptive practices
• Security concerns: links to terrorism, extremism, or foreign government activities
• Health issues: certain communicable diseases, identified at the medical exam
• Immigration violations: overstays or unlawful presence
• Financial concerns: unpaid taxes or judgments

You will pass a background check and security investigation. USCIS will interview you and may request police clearances from your home country.

If you have any concern about admissibility, resolve it with an immigration attorney before the wire hits an escrow account.

Age and dependency of family members#

Spouses and unmarried children under 21 can immigrate as derivative beneficiaries[1]. Adult children at 21 or older must pursue their own petitions or other categories.

If an adult child wants to immigrate with the family, plan the filing timeline carefully. Priority date movement and the Child Status Protection Act both matter here, and the math is unforgiving.

Source of funds documentation requirements#

USCIS expects the following, organized chronologically, with clear linkage between deposits and the final investment.

Gaps in documentation or unexplained funds cause delays and denials. Do not wait until filing to assemble the file.

Educational or professional qualifications (not required)#

Unlike other employment based categories, EB-5 has no education, language, or professional qualification requirements[1]. No degree. No English. No specific skills. Capital and the judgment to deploy it are what USCIS tests.

Common pitfalls in meeting EB-5 requirements#

• Weak TEA documentation. Picking a project claiming TEA status without verifying current USCIS recognition. TEA designations shifted under the RIA, and some previously approved areas no longer qualify. Ask for current USCIS support before investing.

• Commingled funds. Mixing investment capital with personal funds wrecks source of funds tracing. Keep separate accounts and clear documentation of every deposit.

• Inadequate job projections. Business plans with aggressive projections that do not match industry norms draw scrutiny. USCIS compares projections to real world benchmarks.

• Misunderstanding at risk. Signing investment documents with hidden guarantees or preferred returns that violate the at risk standard. Have counsel read the full documents, not the summary deck.

• Poor record keeping. Businesses that cannot document payroll at I-829 time fail at the finish line. Set up the record keeping before the first hire.

• Investing in non qualifying enterprises. Businesses created before November 29, 1990 without proper restructuring documentation do not qualify.

Frequently asked questions#

Q: What if I inherited money after my investment? Can I mix it with my investment funds? A: Once capital is committed and the I-526E is filed, additional inheritances should not be commingled with investment funds. The amount and source are locked to the petition. Future inheritances are separate.

Q: Can I use borrowed money as investment capital? A: Borrowed capital is allowed if the loan is genuinely at risk and not secured by assets of the new commercial enterprise. You cannot borrow and guarantee repayment in a way that unwinds the at risk requirement.

Q: Must all ten jobs be in the United States? A: Yes. Jobs created outside the US do not count.

Q: What if the project creates more than ten jobs? A: Good. The requirement is an absolute floor, not a percentage.

Q: Can jobs be filled by my own family members? A: Generally no. USCIS excludes family members of the investor or project owner from the job count to prevent paper jobs. Unrelated community hires count.

Q: What is "restructuring" for an existing business? A: When a pre-1990 business undergoes substantial ownership change, capital infusion, or expansion, it can become a "new commercial enterprise" for EB-5 purposes. Counsel must document the restructuring precisely.

Q: Do I need to speak English to qualify for EB-5? A: No. A translator can handle interviews and documents.

Q: What happens if I have a criminal conviction? Am I automatically denied? A: Not automatically, but many convictions are disqualifying, particularly crimes of moral turpitude, drug offenses, and violent crimes. Consult counsel before investing.

Q: Can I invest if I am currently on another visa (H-1B, L-1, etc.)? A: Yes. EB-5 runs parallel to your existing status. You can keep working on your current visa while the petition is pending.

What EB5Status helps you do#

EB5Status helps you validate that a potential investment meets the requirements and tracks progress through approval. EB5Status enables you to:

• Validate project requirements: check structure, investment amount, and job projections against current USCIS standards
• Track requirement completion: monitor source of funds gathering and I-526E or I-829 filing readiness
• Compare project success rates: see approval history for similar projects and regional centers
• Monitor processing times: USCIS timelines for petitions like yours
• Alert on changes: notifications when EB-5 requirements shift, such as annual investment amount adjustments or TEA rule changes
• Organize documentation: source of funds records, job creation evidence, and attorney correspondence in one secure location

We do not give legal advice. Here is what the statute says, and here is what the USCIS data shows. The decision is still yours.

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Disclaimer#

This article is for informational purposes only and does not constitute legal or investment advice. Consult a qualified immigration attorney and financial advisor before making any decisions.

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Sources#

[1] U.S. Department of Homeland Security, Citizenship and Immigration Services. "EB-5 Immigrant Investor Program Requirements." https://www.uscis.gov/eb5

[2] U.S. Congress. "EB-5 Reform and Integrity Act of 2022." Consolidated Appropriations Act of 2023. https://www.uscis.gov/[i-526](/forms/i-526e)

[3] U.S. Department of Homeland Security, Citizenship and Immigration Services. "Job Creation and Counting." https://www.uscis.gov/eb5