EB-5 Visa Requirements 2026: Minimum Investment, Job Creation & Filing Guide

Key Takeaways:

• The EB-5 visa requires a minimum investment of $800,000 in targeted employment areas (TEAs) or $1.05 million in standard areas as of March 2022, with future adjustments scheduled every five years.
• Investors must create or preserve 10 full-time jobs (35+ hours per week) for qualified U.S. workers within two years of receiving conditional permanent residency.
• Regional center investments offer higher approval rates compared to direct investments, while allowing both direct and indirect job creation to count toward requirements.
• The three-step filing process involves Form I-526/I-526E for the initial petition, a two-year conditional green card period, and Form I-829 to remove conditions and obtain permanent residency.

The EB-5 Immigrant Investor Program offers foreign nationals a pathway to U.S. permanent residency through strategic investment in American commercial enterprises. Since its creation in 1990, this program has attracted significant investment into the U.S. economy and helped thousands of families obtain permanent residency.

EB-5 Investment Amounts: $800,000 vs $1.05 Million Requirements

The minimum EB-5 investment amounts underwent significant changes as of March 15, 2022. The standard minimum investment is now $1,050,000, representing a substantial increase designed to account for inflation since the program's inception. However, investors can access a reduced investment threshold of $800,000 when investing in Targeted Employment Areas (TEAs) or designated infrastructure projects.

These investment amounts are not static. Future adjustments are scheduled to occur every five years, tied directly to inflation as measured by the Consumer Price Index for All Urban Consumers (CPI-U). The first scheduled adjustment becomes effective for petitions filed on or after January 1, 2027, ensuring the program keeps pace with economic changes.

Chary Law explains that the investment must be placed in a new commercial enterprise, which includes sole proprietorships, partnerships, corporations, joint ventures, limited liability companies, or other lawful business entities formed for ongoing commercial activity.

Job Creation Standards for EB-5 Approval

The cornerstone of EB-5 approval lies in creating economic opportunities for American workers. Every EB-5 investment must create or preserve at least 10 permanent full-time jobs for qualified U.S. workers within two years of the investor receiving conditional permanent residency. This requirement serves as both an economic stimulus measure and a critical compliance benchmark.

1. Direct vs Indirect Job Counting Methods

Regional center investments offer significant advantages in meeting job creation requirements. These projects can count both direct and indirect jobs toward the mandatory 10-job threshold. Direct jobs are positions created within the new commercial enterprise itself, while indirect jobs include those generated in supporting industries and supply chains. This flexibility makes regional center investments particularly attractive, as they provide multiple pathways to satisfy job creation mandates.

2. Full-Time Employment Definition (35+ Hours)

The program maintains strict definitions for qualifying employment. Full-time employment requires a minimum of 35 working hours per week for each qualifying position. Part-time positions, seasonal work, or temporary employment arrangements do not count toward the job creation requirement. This standard ensures that EB-5 investments generate substantial, meaningful employment opportunities rather than nominal positions.

3. Qualifying U.S. Worker Categories

Job creation benefits must flow to authorized workers within specific categories. Qualifying employees include U.S. citizens, lawful permanent residents, and other authorized immigrant workers. Notably, the investor and their immediate family members cannot count toward the job creation requirement. This restriction ensures that the economic benefits reach the intended beneficiaries within the American workforce.

Targeted Employment Area (TEA) Designations

Targeted Employment Areas represent geographical zones where reduced investment thresholds apply, directing capital toward regions most in need of economic development. USCIS now directly reviews and determines TEA designations, removing the previous system of state and local government determinations to ensure consistency and prevent abuse.

Rural Area Classifications

Rural areas automatically qualify as TEAs, including locations outside metropolitan statistical areas or in communities with populations under 20,000. Successful rural EB-5 projects include developments like the Bay Creek master-planned coastal community in Virginia and the Grand Park mountain community in Colorado, both regional center investments that demonstrate the program's reach into America's heartland.

High Unemployment Zone Requirements

High-unemployment TEAs must demonstrate unemployment rates at least 150% of the national average. These designations now consist of census tract combinations that include the tract where the new commercial enterprise operates, plus any directly adjacent tracts meeting the unemployment criteria. Cities and towns with populations of 20,000 or more outside metropolitan areas may also qualify when they meet the unemployment threshold.

EB-5 Filing Process: Forms I-526/I-526E Through I-829

The EB-5 process follows a structured three-phase approach, each with distinct requirements and timelines. Understanding this progression helps investors prepare for the journey from initial petition to permanent residency.

1. Initial Petition Filing (I-526/I-526E)

Form I-526 serves as the foundation for direct EB-5 investments, while Form I-526E applies specifically to regional center investments. The choice between these forms significantly impacts approval prospects, with I-526E petitions achieving higher approval rates compared to traditional I-526 petitions. This difference reflects the additional oversight and structure inherent in regional center projects.

2. Conditional Green Card Period

Upon I-526/I-526E approval, successful applicants receive conditional permanent residency valid for two years. During this period, investors must demonstrate that their investment remains at risk in the commercial enterprise and that job creation targets are being met. This conditional status provides protection while ensuring ongoing compliance with program requirements.

3. Removing Conditions (Form I-829)

The final step requires filing Form I-829 within the 90-day window preceding the conditional green card's expiration. This petition must demonstrate sustained investment and successful job creation throughout the conditional period. Approval removes all conditions, granting full permanent residency status and eligibility for eventual citizenship through naturalization.

Regional Center vs Direct Investment Options

Investors face a critical choice between regional center projects and direct investments, each offering distinct advantages and challenges. This decision impacts everything from approval rates to ongoing management responsibilities.

Regional Center Project Benefits

Regional center investments provide passive investment opportunities with professional management handling day-to-day operations. These projects benefit from the ability to count indirect jobs, significantly easing job creation compliance. The higher approval rate for I-526E petitions reflects the additional oversight and regulatory structure that regional centers provide. Additionally, regional centers often offer economies of scale and risk diversification through pooled investments.

Due Diligence Requirements for Investors

Thorough due diligence becomes necessary regardless of investment type. Key evaluation criteria include the developer's track record, financial structure, and job creation methodology. Successful projects typically feature significant developer equity and maintain conservative job creation margins above required thresholds. Investors should seek projects with completion guarantees and clear exit strategies to protect their capital and immigration objectives.

Partner With An Experienced Attorney for EB-5 Guidance in 2026

Understanding the EB-5 program's technical requirements requires experienced legal guidance to avoid costly mistakes and maximize success prospects. The program's technical requirements, from TEA designations to job creation calculations, demand precise compliance to achieve the ultimate goal of permanent residency.

Strategic planning becomes vital when considering factors such as investment timing, regional center selection, and family immigration coordination. Professional guidance helps investors evaluate projects against the program's evolving requirements while ensuring all documentation meets USCIS standards. The stakes are particularly high given the substantial financial commitment and the life-changing potential of successful EB-5 completion.

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*Disclaimer: This content is for informational purposes only and does not constitute legal advice. Prior results do not guarantee similar results.

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