EB-5 Visa 2026: $800K Investment, Green Card Timeline & Costs

In short

The US EB-5 visa requires an $800,000 qualifying investment in a targeted employment area or infrastructure project, or $1.05 million otherwise, plus fees and expenses. Investors must create at least 10 qualifying jobs. Spouses and unmarried children under 21 may qualify; 2026 waiting times depend on birthplace, visa availability and processing—not investment size alone.

How much does an EB-5 visa cost in 2026?

An EB-5 application requires at least $800,000 or $1.05 million in investment capital, plus government fees, project charges and professional expenses; there is no reliable universal “all-in” price.

The investment thresholds are established by the EB-5 Reform and Integrity Act of 2022 and explained by US Citizenship and Immigration Services (USCIS). They apply to petitions filed on or after 15 March 2022. The next statutory inflation adjustment is scheduled for 1 January 2027.

The lower threshold applies to qualifying rural and high-unemployment investments, collectively called targeted employment areas, or TEAs, and to qualifying infrastructure projects. It is not a discount on an otherwise identical government product.

Fee verification matters: the table distinguishes statutory investment amounts from published fee-schedule references. The USCIS amounts identified as 2024 schedule are historical official figures, not independently verified September 2026 filing quotations. Before budgeting or filing, confirm the operative charge—including any subsequent changes or court orders—through the USCIS fee calculator and the relevant form page.

For illustration, the family column assumes one investor, one spouse and two unmarried children aged 14–20. All amounts are US dollars.

Sources: USCIS fee-rule information, USCIS immigrant fee, and the State Department visa-fee schedule.

For adjustment applications, the 2024 schedule provided a $950 I-485 fee for a child under 14 filing with a parent. Family composition therefore changes the calculation. Confirm both the current rate and eligibility for that treatment.

Do not add consular-processing and adjustment-of-status charges together as though both are routinely required. Equally, regional-centre designation, project-approval and annual integrity-fund charges are organisational obligations, not separate government filing fees automatically payable by each investor. A project may nevertheless recover its operating expenses through private charges.

A credible written quotation separates investment capital, government payments, non-refundable private charges and contingent expenses. Without that separation—and current fee confirmation—a precise total can be misleading.

Who qualifies for EB-5, and can a spouse or children apply?

An EB-5 investor must invest qualifying, lawfully sourced capital in a qualifying commercial enterprise, satisfy the programme’s job-creation requirements and be admissible to the United States.

The investor does not need an employer sponsor. However, EB-5 is not a passive purchase of immigration status: the investor must meet the applicable enterprise-management or policy-formulation requirement.

USCIS requires evidence of both the source and path of funds. Sale proceeds, earnings, business distributions, gifts and borrowing can raise different evidential questions. Showing a bank balance does not establish how the money was lawfully obtained or transferred.

Regional-centre and standalone investments also differ. A standalone case generally relies on direct qualifying employment. A regional-centre case can use qualifying economic methodologies to demonstrate indirect employment, subject to statutory limits. Neither route dispenses with the 10-job requirement.

Children require early attention. The Child Status Protection Act can protect eligibility through a statutory age calculation, but it does not freeze every child’s age indefinitely. Visa availability, petition-pending time, marital status and the requirement to seek permanent residence within the applicable period all matter.

A family expecting a long queue should obtain an individual age-out assessment before committing capital—not assume that being under 21 on investment day settles the question.

What is an EB-5 TEA, and is a rural project better?

An EB-5 TEA is a qualifying rural or high-unemployment area that permits the $800,000 investment threshold; rural projects also receive statutory processing priority and access to a larger reserved visa allocation.

A rural area must be outside a metropolitan statistical area and outside the boundary of a city or town with a population of at least 20,000, based on the relevant census framework.

A high-unemployment area must meet the statutory geographic methodology and have unemployment of at least 150% of the national average. The designation is not established merely because a developer describes a neighbourhood as economically disadvantaged. USCIS makes the relevant determination.

Under the 2022 legislation, annual EB-5 visa allocations include:

A qualifying infrastructure project has a specific statutory structure involving a governmental entity. An ordinary privately developed property project does not become “infrastructure” because it includes roads or utilities.

The rural category can offer an immigration advantage, especially when an applicant’s unreserved category is backlogged. But priority processing is not a guaranteed decision deadline, and reserved visas are finite.

Nor does TEA qualification measure investment quality. It says nothing conclusive about construction completion, repayment capacity, security ranking or the commercial viability of an eventual exit.

For due diligence, separate three questions: does the project qualify for the category; can it produce sufficient qualifying jobs; and can its business model preserve and return capital? A favourable answer to one does not resolve the others.

How long does EB-5 take in 2026, and who faces a backlog?

EB-5 timing depends on petition adjudication, visa availability and the subsequent residence process; no single processing-month estimate reliably describes all 2026 applicants.

There are several different clocks:

1. Preparation: selecting an investment, documenting funds and assembling the petition.
2. Petition adjudication: USCIS decides Form I-526 or I-526E.
3. Visa availability: the applicant’s category and country of chargeability must permit progression.
4. Residence processing: the applicant completes adjustment of status or overseas immigrant-visa processing.
5. Removal of conditions: the investor later demonstrates compliance through Form I-829.

USCIS publishes changing estimates through its processing-times tool. Those figures are not statutory service guarantees. Without a live, form-specific check, a claim that EB-5 currently takes a fixed number of months would be false precision.

Backlogs are governed by the State Department’s monthly Visa Bulletin. The investor’s priority date, reserved or unreserved category, and country of chargeability all matter. Chargeability is generally based on birthplace, not citizenship; limited exceptions, including some spousal arrangements, can change the analysis.

China-mainland-born and India-born applicants have faced significant unreserved EB-5 backlogs. Their precise September 2026 cut-off dates must be checked in the applicable official bulletin rather than inferred from an earlier month. No current cut-off date is asserted here without that verification.

The bulletin contains two distinct charts:

• Final Action Dates: govern when a visa can ultimately be issued or permanent residence approved.
• Dates for Filing: may permit earlier document submission. For adjustment of status, USCIS separately identifies which chart applicants may use that month.

“Current” means no cut-off date applies to the category in that bulletin. It does not mean immediate approval, nor that the category will remain current. Retrogression can move a cut-off backwards after a petition or adjustment application has been filed.

Eligible applicants already in the United States may sometimes file the investor petition and adjustment application concurrently. That can be valuable, but filing is not approval and does not itself confer unrestricted travel or work permission.

Finally, spouses and children consume visa numbers too. An allocation of visas should never be read as an equal allocation of investor households.

How many days must an EB-5 investor spend in the US?

EB-5 has no simple annual minimum-day formula that guarantees preservation of permanent residence; investors must genuinely maintain the United States as their permanent home.

This distinguishes EB-5 from residence programmes designed around limited visits. A green card is not safely maintained merely by entering the country briefly each year.

The USCIS guidance on maintaining permanent residence explains that abandonment can be assessed from the overall circumstances. Overseas employment, the location of family and property, tax treatment, the purpose of travel and evidence of a continuing US home can all matter.

An absence of more than 180 days can affect treatment when returning as a permanent resident. A green card generally ceases to be sufficient as a returning-resident travel document after an absence of one year or more. Neither threshold creates a safe harbour for shorter absences.

A re-entry permit can assist with qualifying temporary absences, but does not guarantee admission or prevent an abandonment finding.

Successful EB-5 applicants initially receive two years of conditional permanent residence. Form I-829 generally must be filed during the 90 days immediately before the second anniversary of obtaining that status. Conditional residents should not confuse the immigration timetable with a project’s contractual repayment date.

Nor should they conflate maintaining a green card with qualifying for citizenship. Under the ordinary naturalisation route, USCIS generally requires five years of continuous residence and at least 30 months of physical presence, alongside other requirements. Conditional residence ordinarily counts towards that period. See USCIS naturalisation guidance.

For an internationally mobile household, this is a central suitability question: can the family establish genuine US residence while managing its businesses, schooling, travel and tax obligations? The investment threshold is only the entry point; EB-5 is ultimately a route to living permanently in the United States.

For the wider context, read our full eb-5 visa 2026: investment and green card process.

Step-by-step timeline

EB-5 is a sequence of investment, immigration and compliance decisions, not a single application with a reliable completion date. The distinction between petition approval and an available immigrant visa is particularly important when planning a move.

The most avoidable delays arise from incomplete source-of-funds evidence, unexplained transfers and inconsistencies between financial records and the petition. Requests for evidence, visa unavailability and consular scheduling can add delays outside the investor’s control. A project’s proposed capital repayment date is not an immigration timetable.

Tax and stay requirements

When US tax residence begins

Immigration residence and tax residence are related but distinct. Under IRS rules, an individual generally becomes a US tax resident by meeting either the green card test or the substantial presence test, subject to applicable exceptions and treaty provisions.

For substantial presence, the IRS generally counts at least 31 days in the current year and 183 weighted days across the current and preceding two years: all current-year days, one-third of the preceding year’s days and one-sixth of the second preceding year’s days. Excluded days and exceptions can change the result.

Obtaining permanent residence can therefore trigger tax residence even without spending most of the year in America. US tax residents generally report worldwide income. Foreign accounts, companies and trusts can also create separate information-reporting obligations; foreign tax credits do not remove those obligations.

Before residence begins, review investment holdings, ownership structures, pensions, trusts and unrealised gains. The timing of tax residence deserves particular attention where one spouse relocates first or family members have different immigration histories.

Presence is about residence, not a visit quota

There is no EB-5-specific annual attendance requirement that substitutes for maintaining the US as a genuine permanent home. For practical planning, the issue is whether travel and overseas commitments remain consistent with permanent residence—not whether an investor has made a token return visit.

A re-entry permit may support a planned temporary absence, but USCIS expressly warns that it does not guarantee admission. Naturalisation has separate continuous-residence and physical-presence requirements; preserving a green card does not automatically preserve a citizenship timetable.

What must be renewed or maintained?

Conditional status requires removal of conditions through Form I-829, not ordinary card renewal. USCIS examines compliance with the applicable investment and job-creation requirements.

After conditions are removed, renewing an expiring permanent resident card generally renews the document rather than the underlying status. It does not normally require a fresh EB-5 investment. Equally, an unexpired card does not protect someone who has abandoned US residence.

Leaving the US also does not necessarily end US tax residence. Formal termination, treaty positions and the IRS rules for certain long-term residents can have significant consequences, including potential expatriation-tax reporting.

How it compares

For someone seeking a US base rather than a different country’s residence permit, the closest practical alternatives are usually E-2 treaty investor status and an L-1A executive or managerial transfer, potentially followed by a separate EB-1C application.

EB-5 is generally the closer fit for investors who want permanent residence without making their own operating company the centre of the immigration case. E-2 suits eligible treaty nationals willing to run a substantive business while accepting temporary status. L-1A and potentially EB-1C suit established international entrepreneurs or executives whose corporate structure and duties genuinely meet the rules. They are not passive-investment substitutes.

Common mistakes and what they cost

Treating project approval as investment protection. Immigration compliance does not establish commercial viability. Review debt priority, collateral, conflicts, construction assumptions and exit arrangements independently. The cost of getting this wrong can be loss of capital even where immigration objectives are achieved.

Documenting the source but not the path of funds. A sale agreement may explain where wealth originated without explaining every subsequent transfer. Missing intermediary statements, gifts or foreign-exchange records can cause evidence requests and further legal work. Prepare a continuous documentary trail before filing.

Confusing project completion with permission to withdraw. Construction completion, loan maturity and satisfaction of immigration requirements are different events. The applicable sustainment rules depend on the filing cohort and current USCIS guidance. Premature repayment or withdrawal can jeopardise the case; a longer contractual lock-up can restrict liquidity even after immigration requirements have been met.

Assuming a pending application permits work or travel. Filing an investor petition does not itself confer lawful status, employment authorisation or permission to re-enter. Adjustment applicants must assess work and travel authorisation separately. Errors can disrupt the application or create immigration consequences beyond simple delay.

Leaving tax planning until the move. Residence may begin before the family considers itself fully relocated. Overseas entities and accounts can generate reporting duties that are expensive to reconstruct retrospectively. Obtain coordinated US and home-country advice before transactions or elections become difficult to reverse.

If you are comparing investor routes, our US Gold Card visa guide explains the newer contribution-based programme and its current status.

Frequently asked questions

Can I apply for EB-5 while I am already in the US?

Yes, some applicants in the US can pursue adjustment of status, but physical presence alone is insufficient. USCIS requires adjustment eligibility and an immediately available immigrant visa under the applicable filing rules. Eligible investors may file Form I-485 concurrently with their investor petition. Existing status, immigration history and the basis of admission require individual review before filing.

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

Not merely because an EB-5 petition is pending. You need a separate basis for employment authorisation, such as qualifying existing status or an approved employment authorisation document connected with an adjustment application. Filing the request is not equivalent to receiving permission. Check the scope and expiry of any existing authorisation before changing employer or starting work.

Can I travel abroad while my EB-5 adjustment application is pending?

Travel may be possible, but departure without the correct documentation can put an adjustment application at risk. USCIS generally treats departure without advance parole as abandonment, subject to specified exceptions for certain applicants. Advance parole also does not guarantee admission. Review your current status, travel document and any immigration-history concerns before booking an overseas trip.

Do I have to manage the EB-5 business myself?

You must meet the EB-5 management requirement, but that does not necessarily mean running daily operations. USCIS recognises qualifying participation through day-to-day managerial responsibility or policy formulation. Certain limited-partner arrangements can satisfy the requirement through the rights provided in the partnership agreement. The governing documents matter more than a project’s description of the investment as “passive”.

Can I use a gift or inheritance for EB-5?

Yes, a gift or inheritance can provide EB-5 capital if the funds satisfy USCIS requirements and are properly documented. The evidence must establish lawful origin and trace the transfer to the investor and investment. A gift may require evidence concerning the donor’s finances, not simply a signed declaration. Inheritance cases may require probate, estate and banking records.

Is my money guaranteed to come back after EB-5 approval?

No, EB-5 approval does not guarantee repayment. USCIS requires qualifying capital to be placed at risk, and an immigration decision is not a judgement on investment quality. Any eventual return depends on commercial performance, contractual terms and compliance with applicable immigration requirements. Do not equate a target exit date, security package or developer’s repayment forecast with a guarantee.

What happens if my EB-5 project fails?

Project failure can threaten both the investment and the immigration outcome, although the consequences depend on timing and the evidence. Job creation, deployment of capital and the investor’s procedural position all matter. USCIS provides protections or remedial mechanisms in some circumstances involving terminated regional centres or debarred participants, but those provisions should not be treated as general insurance against commercial failure.

Do I need another investment when my green card expires?

Ordinary permanent resident card renewal does not generally require another EB-5 investment. The important distinction is between renewing documentary evidence of permanent residence and removing the initial EB-5 conditions. Form I-829 addresses the latter and requires evidence of compliance with the applicable programme rules. An investor should not use the standard card-renewal process as a substitute.

Does EB-5 automatically lead to US citizenship?

No, citizenship requires a separate naturalisation application and satisfaction of the applicable requirements. These include residence, physical presence, good moral character and, unless an exemption applies, English and civics requirements. Time spent as a conditional permanent resident generally counts towards residence for naturalisation. Extended travel can nevertheless affect eligibility even where the individual retains permanent resident status.

Related guides

• The Complete Guide to the Thailand Elite Visa (Privilege) in 2026
• What Is a Golden Visa? A 2026 Plain-English Guide
• How Much Time Must You Spend in the Country? Golden Visa Stay Requirements Compared
• Italy Investor Visa vs Italian Elective Residency: Which Fits You?
• The US EB-5 Visa Explained: 2026 Costs, TEAs and Backlog Reality

Sources

• US Citizenship and Immigration Services — EB-5 Immigrant Investor Process
• US Citizenship and Immigration Services — Policy Manual, Volume 6, Part G: Investors
• US Citizenship and Immigration Services — I-829, Petition by Investor to Remove Conditions on Permanent Resident Status
• Internal Revenue Service — Determining an Individual’s Tax Residency Status
• Internal Revenue Service — Expatriation Tax
• US Citizenship and Immigration Services — International Travel as a Permanent Resident
• US Citizenship and Immigration Services — E-2 Treaty Investors
• US Citizenship and Immigration Services — L-1A Intracompany Transferee Executive or Manager
• US Citizenship and Immigration Services — Employment-Based Immigration: First Preference EB-1