What is the EB-5 program?

The EB-5 Immigrant Investor Program is a U.S. immigration pathway that grants permanent residency (a green card) to foreign nationals who invest a minimum of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a standard area, and whose investment creates at least 10 full-time jobs for U.S. workers. The program is administered by USCIS under Section 203(b)(5) of the Immigration and Nationality Act.

How much does the EB-5 process cost in total?

The minimum capital investment is $800,000 for TEA projects (rural or high unemployment areas) or $1,050,000 for non-TEA projects. Beyond the investment itself, investors should budget $70,000 to $135,000 in additional costs including USCIS filing fees ($3,675 for I-526E, $1,010 for I-485), legal fees ($15,000 to $50,000), administrative fees ($50,000 to $75,000 typical for regional center projects), and other expenses. See our Investor Costs guide for a complete breakdown.

How long does the EB-5 process take?

Processing times vary significantly by reserve category and country of birth. Rural designated projects enjoy priority processing at 11 to 17 months for I-526E adjudication. High unemployment area petitions take approximately 24 to 36 months. Unreserved I-526E petitions, which make up the bulk of the queue, range from 36 to 52 months. The total timeline from investment through green card issuance is typically 2 to 4 years.

What is the grandfathering deadline?

September 30, 2026 is the EB-5 grandfathering deadline. Investors who file their I-526E petition before this date lock in current investment minimums ($800,000 TEA / $1,050,000 standard). After the deadline, investment amounts are projected to increase by approximately $100,000 or more per category based on CPI-U adjustments mandated by the Reform and Integrity Act of 2022.

Can I work while my EB-5 petition is pending?

Yes, if you are in the United States and eligible for concurrent filing. By filing Form I-485 (Adjustment of Status) concurrently with or after your I-526E petition, you can also submit Form I-765 (Employment Authorization Document) to obtain work authorization while your case is pending. You can also file Form I-131 (Advance Parole) to travel internationally without abandoning your application.

What are the three reserved visa categories?

The EB-5 Reform and Integrity Act of 2022 created three reserved visa categories: Rural (20% of annual EB-5 visas, for projects in areas outside metropolitan statistical areas with populations over 50,000), High Unemployment Area (10% of visas, for projects in areas with unemployment at least 150% of the national average), and Infrastructure (2% of visas, for government administered infrastructure projects). Reserved categories generally offer faster processing and reduced visa backlog risk.

Aprenda sobre EB-5

Una guía para entender el programa de inversión EB-5, procesamiento de visas y conceptos clave.

Key Takeaways

1The EB-5 program grants permanent U.S. residency to foreign investors who invest $800,000 (TEA) or $1,050,000 (non-TEA) and create at least 10 full-time jobs.
2Three reserved visa categories exist under the 2022 Reform Act: Rural (20% of visas), High Unemployment Area (10%), and Infrastructure (2%).
3Concurrent filing allows eligible investors in the U.S. to submit I-485 and I-526E simultaneously for faster processing.
4The September 30, 2026 grandfathering deadline is the most urgent date for new investors seeking to lock in current investment amounts.

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Fecha límite de protección adquirida EB-5: 30 de septiembre de 2026

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What is EB-5?

The EB-5 Immigrant Investor Program is a pathway to permanent residency (green card) for foreign nationals who invest capital in new commercial enterprises that create jobs for U.S. workers. The program is administered by the U.S. Citizenship and Immigration Services (USCIS) and is codified in Section 203(b)(5) of the Immigration and Nationality Act.

To qualify for an EB-5 visa, an investor must:

Make a minimum investment in a new commercial enterprise
Demonstrate that the investment will create at least 10 full-time jobs for U.S. workers within two years
Show that the capital comes from lawful sources
Submit required immigration forms and supporting documentation

The program creates a pathway to permanent residency not just for the investor, but also for the investor's spouse and unmarried children under age 21. The investor and family members can obtain conditional green cards that become permanent after two years if job creation requirements are met.

Reserved vs. Unreserved Categories

Unreserved Category

Unreserved EB-5 investments may be made in any new commercial enterprise. This category is available to all investors worldwide but has fewer visa allocations, resulting in longer processing times and potential visa retrogression for countries with high demand.

Minimum investment: $1,050,000 (or $800,000 if regional center designation involved)

Reserved Category: Rural Projects

The rural reserved category allocates 20 percent of available EB-5 visas to investors in projects located in rural areas (defined as areas outside metropolitan areas with populations exceeding 50,000). Rural projects typically experience faster processing and reduced visa retrogression risk.

Minimum investment: $800,000

Reserved Category: High Unemployment

The high unemployment (HUA) reserved category allocates an additional 10 percent of visas to projects in target employment areas with unemployment rates at least 150 percent of the national average. High unemployment areas are designated based on Bureau of Labor Statistics data and economic analysis.

Minimum investment: $800,000

Reserved Category: Targeted Employment Areas (TEAs)

A project must be located in a TEA to qualify for either rural or high unemployment reserved visa status. Multiple projects may be concentrated in the same TEA if job creation projections support them. TEA designations are subject to challenge through USCIS administrative procedures.

How to Read the Visa Bulletin

The visa bulletin is published monthly by the U.S. State Department and shows the cutoff dates for visa application processing by national origin. The EB-5 visa bulletin is critical because it determines when investors can file adjustment of status applications at USCIS service centers (for those in the U.S.) or apply for consular processing (for those abroad).

What the Dates Mean: The cutoff date is the earliest immigrant visa priority date for which visa numbers are immediately available. A priority date is determined by the date an investor's I-526E (Regional Center Immigrant Petition by Investor) or I-526 (Immigrant Investor Petition for direct investors) is filed.

Reading Movement: When the bulletin shows your country's cutoff date advancing (moving forward), your visa is moving closer to availability. A date moving backward is retrogression, meaning visa numbers are insufficient for the demand.

Categories in the Bulletin: The bulletin lists different visa categories, with EB-5 divided into family-based (EB-5 family member investors) and employment-based foreign workers. Each is tracked separately to show current processing status.

What "Current" Means: If a category shows "Current," visa numbers are available for all priority dates, allowing immediate visa processing. This is the most favorable status for applicants.

Checking Your Status: Investors should regularly monitor the visa bulletin at travel.state.gov to understand when their visa may become available. Note that visa bulletin dates can move forward or backward monthly.

Adjustment of Status vs. Consular Processing

Adjustment of Status (AOS)

Adjustment of status is the process for obtaining a green card while remaining in the United States. After the I-526E or I-526 petition is approved and a visa becomes available, an investor can file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. The advantage is that the investor can remain in the U.S. and potentially work while the application is pending.

AOS may be available if the investor has not visa overstayed and meets other eligibility criteria. Processing typically takes 12 to 18 months after filing, though times vary by service center.

Consular Processing (CP)

Consular processing is the route for investors seeking green cards through U.S. consulates abroad. After I-526E or I-526 approval and visa availability, the investor requests visa processing at the nearest U.S. consulate in their home country. The investor interviews with a consular officer who determines if all eligibility requirements are met.

Consular processing timelines vary by location but typically range from 3 to 12 months from visa application to interview. Investors are generally required to be outside the United States during consular processing.

Choosing Your Path

The choice between AOS and CP depends on the investor's current immigration status, location, and preferences. Investors already in the U.S. on valid visas typically choose AOS. Those seeking to process through their home country consulate choose CP. Some investors pursue concurrent I-485 filing (AOS) while maintaining consular processing as a backup option.

Source of Funds Documentation

One of the most critical requirements for EB-5 approval is demonstrating that your investment capital comes from lawful sources. USCIS scrutinizes source of funds documentation carefully to prevent capital derived from illegal activities from entering the U.S. investment system.

Acceptable Sources Include:

Savings accounts and cash deposits supported by bank statements
Business ownership and profit distributions
Sale of real estate or other property
Employment income documented by tax returns and pay stubs
Gifts from family members (supported by gift letters)
Inheritance and estate distributions
Investment returns and retirement account distributions

Documentation Requirements: You must provide clear documentation showing the origin of your investment capital. This typically includes:

Multiple years of bank statements tracing capital accumulation
Business tax returns and financial statements (if business-sourced)
Property sale documents and proof of proceeds (if real estate-sourced)
Gift letters from family members (if gift-sourced)
Inheritance documentation (if inheritance-sourced)

Regional centers and immigration attorneys can provide detailed guidance on documentation strategies and requirements specific to your situation.

EB-5 Processing Timeline and Milestones

Timeline Overview: The total EB-5 process from investment through green card typically takes 2 to 4 years, though outcomes vary significantly based on category, national origin, and case complexity.

Months 0-3: Initial Investment

You make your EB-5 investment in the regional center project.

Months 3-6: I-526E/I-526 Filing

Regional center or immigration attorney files Form I-526E (for regional center investments) or Form I-526 (for direct investments) on your behalf.

Months 6-18: I-526E/I-526 Adjudication

USCIS reviews and approves your I-526E or I-526 petition (average 12 months for reserved categories, 18 months for unreserved).

Months 18-24: Visa Availability Wait

You wait for your priority date to become current in the visa bulletin.

Months 24-30: AOS or CP Filing

You file adjustment of status (Form I-485) or consular processing with the State Department.

Months 30-36: Final Adjudication

USCIS or consular officer reviews your case and issues green card or visa.

Year 2: Job Creation Verification

Regional center demonstrates that 10 jobs were created. Your conditional green card becomes permanent.

This timeline is approximate and can vary significantly. Rural and high unemployment reserved cases typically move faster than unreserved cases due to dedicated visa allocations.

FOIA and Transparency: Getting EB-5 Data

The Freedom of Information Act (FOIA) allows members of the public to request government records from federal agencies, including USCIS. FOIA requests are an important tool for researchers, practitioners, and investors seeking detailed information about EB-5 program statistics and trends.

What Data is Available: FOIA requests can yield aggregate statistics including:

Monthly and annual EB-5 filing volumes by category
Approval rates and denial rates by service center
Processing times and case age statistics
Data by national origin and project type

Filing a FOIA Request: You can file a FOIA request through the USCIS website at uscis.gov FOIA page. Requests typically take 20 to 45 days to process, though complex requests may take longer.

Privacy Concerns: Individual case information is not released under FOIA. All data is aggregated to protect individual privacy. Personally identifiable information is redacted from any responsive documents.

This dashboard aggregates publicly released FOIA data to provide transparent, accessible insights into EB-5 program trends and patterns. See the FOIA page for more information about how to file requests.

Key Terms and Definitions

Priority Date: The date when your I-526E or I-526 petition is filed. This date determines your place in line for visa availability.
Conditional Green Card: A two-year green card issued after I-485 approval, contingent on job creation. Becomes permanent after two years if conditions are met.
I-526E (Regional Center Investor Petition): The form filed with USCIS by EB-5 investors investing through a regional center. Establishes investor eligibility and demonstrates that capital investment will create at least 10 full-time jobs. Replaced Form I-526 for regional center investors after 2022.
I-526 (Direct Investor Petition): The form filed with USCIS by EB-5 investors making direct investments without a regional center. Establishes investor eligibility and demonstrates direct job creation.
I-485 (Adjustment of Status): The form filed to request a green card while remaining in the United States, available when your visa priority date becomes current.
I-829 (Removal of Conditions): The form filed by EB-5 investors to remove conditions on their green card, typically within 90 days before the second anniversary of receiving conditional permanent residence. Requires evidence that job creation requirements were met.
Regional Center: A USCIS-approved organization that sponsors EB-5 projects and pools investor capital to meet job creation requirements.
TEA (Target Employment Area): A designated geographic area meeting rural or high unemployment criteria, making projects eligible for the reserved visa carve-out.
Job Creation Requirement: The requirement that EB-5 investments create at least 10 full-time jobs for U.S. workers within two years of visa approval.
New Commercial Enterprise (NCE): A business formed after November 29, 1990 in which the EB-5 investor makes their capital investment.

EB5 Status Data Tools

Visa Bulletin TrackerMonthly cutoff dates by country and category Processing TimesI-526E, I-485, and I-829 estimates FOIA Data DashboardInteractive charts from USCIS FOIA releases Country DataEB-5 statistics by chargeability area EB-5 GlossaryKey terms and definitions Program UpdatesLatest visa bulletin and USCIS news

Resources and Next Steps

For comprehensive information about the EB-5 program, consult these resources:

We recommend consulting with a qualified immigration attorney before making any EB-5 investment decisions. This educational material does not constitute legal advice.

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How this data was calculated

This learning hub compiles educational content about the EB-5 program from official USCIS publications, the Immigration and Nationality Act, and EB5Status editorial analysis. Guides are reviewed periodically for accuracy.

Trust tier: EditorialLast updated: April 2026Source: EB5Status EditorialFull methodology

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Disclaimer

This page provides educational information about the EB-5 program. It does not constitute legal or investment advice. Immigration law is complex and individual circumstances vary significantly. Consult qualified immigration attorneys, tax advisors, and investment professionals before making any decisions. The information provided is current as of the publication date and may be subject to change by USCIS or Congress at any time.