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EB-5 Visa Summary (2026 Update)
The EB-5 Immigrant Investor Program enables foreign nationals to acquire a U.S. Green Card by investing $800,000 (TEA/Rural) or $1,050,000 (non-TEA) in a qualifying U.S. business that creates at least 10 full-time jobs for U.S. citizens.
What Is the EB-5 Visa Program?
The EB-5 Immigrant Investor Program is an employment-based immigrant visa category managed by the U.S. Citizenship and Immigration Services (USCIS).
It enables foreign investors and their immediate family members (spouse and unmarried children under 21) to acquire U.S. permanent residency by:
- Investing in a new commercial enterprise
- Creating at least 10 full-time U.S. jobs
- Maintaining the investment for the required period
The program was reformed under the EB-5 Reform and Integrity Act of 2022 to improve transparency and introduce reserved visa categories.
What Is the Minimum EB-5 Investment in 2026?
- $800,000 – For projects in a Targeted Employment Area (TEA) or Rural Area
- $1,050,000 – For projects outside TEA or Rural Areas
The lower $800,000 minimum investment requirement applies to reserved visa categories under existing rules.
What Is a TEA and a Rural EB-5 Project?
Targeted Employment Area (TEA)
A TEA is an area where unemployment is at least 150% of the national average.
Rural Area
A rural area is defined as a location outside a metropolitan statistical area and with a population under 20,000.
Key Difference
Both qualify for the $800,000 investment threshold. However:
- Rural projects receive priority (faster) processing
- Rural projects receive 20% reserved visa allocation
- TEA projects receive 10% reserved visa allocation
EB-5 Visa Requirements Checklist
To qualify for the EB-5 program, an investor must:
- Invest the minimum required capital
- Invest in a new commercial enterprise
- Create or preserve 10 full-time U.S. jobs
- Prove lawful source of funds
- Maintain the investment for the required period
There are:
- No nationality restrictions
- No language test requirements
- No education requirements
- No upper age limit
Is the EB-5 Investment Refundable?
EB-5 investments are legally required to be “at – risk.” This means:
- There is no government guarantee of capital return
- Most projects target repayment after 5 – 7 years
- Returns depend on project performance
Investors should conduct independent due diligence before investing.
How Long Does the EB-5 Process Take in 2026?
Processing time depends on the project category.
1. Standard Processing
24 – 36 months for I – 526E adjudication.
2. Rural Projects (Priority Processing)
Often processed within 12 months or less.
3. National Interest / Expedited Projects
May be processed within 6 – 12 months if approved for expedited handling.
Processing times are subject to change based on USCIS workload.
EB-5 Process Step-by-Step
Step 1: File I-526E Petition
Submit investment documentation and lawful source of funds evidence.
Step 2: Conditional Green Card (2 Years)
Upon approval, the investor and dependents receive conditional permanent residency.
Step 3: File I-829 Petition
After two years, file to remove conditions by proving job creation and sustained investment.
Step 4: Permanent Green Card
Conditions are removed, and full permanent residency is granted.
EB-5 Timeline to U.S. Citizenship
- I – 526E approval
- Conditional Green Card (2 years)
- I – 829 approval
- Permanent Green Card
- Apply for U.S. citizenship after 5 years of residency
To qualify for citizenship:
- Maintain residence in the U.S.
- Be physically present for at least 2.5 years out of 5
- Meet naturalization requirements
Minimum Residency Requirement
To retain permanent residency:
- Do not stay outside the U.S. for more than 6 months at a time
- Show intent to remain in the U.S. permanently
Loss of residency may affect Green Card eligibility.
Can I Move Anywhere in the U.S. With EB-5?
Yes. After you obtain your Green Card, you can move, work, and attend school anywhere in the United States, regardless of where your EB-5 investment project is located.
Can Children Over 21 Be Included?
Only unmarried children under 21 are eligible as dependents. Some applicants may be covered by the Child Status Protection Act (CSPA), depending on the circumstances.
What Are the Risks of EB-5?
Like any investment and immigration program, EB-5 carries risks:
- Project underperformance or failure
- Capital loss
- Processing delays
- Policy changes
- Visa retrogression (for high – demand countries)
Investors should consult qualified immigration attorneys and financial advisors.
EB-5 vs Other U.S. Visa Options
Feature | EB-5 | H-1B | L-1 |
Direct Green Card | Yes | No | No |
Requires Job Offer | No | Yes | Yes |
Investment Required | Yes | No | No |
Lottery System | No | Yes | No |
Path to Citizenship | Yes | Indirect | Indirect |
EB-5 is one of the few U.S. immigration options that provides a direct path to permanent residency without employer sponsorship.
Who Should Consider the EB-5 Visa?
EB-5 may be suitable for:
- High-net-worth individuals seeking U.S. residency
- Families planning U.S. education for children
- Entrepreneurs diversifying global presence
- Investors seeking permanent residency without employer dependency
Important Disclaimer
This article is for informational purposes only and does not constitute legal or financial advice. EB-5 regulations and processing times may change. Always consult a licensed U.S. immigration attorney before making investment decisions.
Final Thoughts
The EB-5 Immigrant Investor Program remains one of the most direct and structured pathways to U.S. permanent residency. With updated regulations, reserved visa categories, and rural priority processing, strategic planning is essential in 2026.
Investors should carefully evaluate:
- Project category
- Processing timeline
- Source of funds documentation
- Long-term residency goals
A structured and compliant application significantly improves the probability of approval.
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Frequently Asked Questions
The minimum EB-5 investment is $800,000 for projects located in a TEA or Rural Area. For non-TEA projects, the minimum investment is $1,050,000.
An EB-5 investment must create or preserve at least 10 full-time jobs for qualified U.S. workers.
Yes. Rural EB-5 projects are eligible for priority processing and may be adjudicated within 12 months, depending on USCIS workload.
You may apply for U.S. citizenship after holding a Green Card for five years and meeting physical presence and residency requirements.
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