VisaPalEB-5 Immigrant Investor Green Card
Investors who put at least $1,050,000 ($800,000 in a targeted employment area or infrastructure project) into a new U.S. business that creates 10 jobs.
Last verified: 2026-09-25
Requirements
- Invest at least $1,050,000, or $800,000 in a TEA or infrastructure project (petitions filed since Mar 15, 2022).
- Invest in a new commercial enterprise, directly or through a USCIS-designated regional center.
- Create at least 10 full-time jobs (35+ hours a week) for qualifying U.S. workers.
- Regional center investors may count indirect jobs for up to 90% of the job requirement.
- The money must be lawfully obtained; loans to the business or guaranteed returns don't count.
- Amounts adjust for inflation for petitions filed on or after Jan 1, 2027.
How long you can stay
A 2-year conditional green card first. File I-829 in the 90 days before it expires to get a 10-year card.
Timeline
On Sep 25, 2026, USCIS listed I-526E at 35 months and I-526 at 36.5 months (80% of cases). Then comes the green card step and a 2-year conditional card. The I-829 took 25.5 months. Check current processing times.
Government fees
| Fee | Amount | Who usually pays |
|---|---|---|
| Minimum investment (your capital, not a fee) $800,000 in a TEA or infrastructure project. This is money you invest in the business, not a payment to the government. New amounts apply from Jan 1, 2027. | $1,050,000 | Investor |
| I-526E regional center investor petition A standalone (direct) investor files I-526, also $3,675. Rolled back to this amount by a Nov 12, 2025 court order. | $3,675 | Investor |
| EB-5 Reform Act fee for an initial I-526E Separate $1,000 payment with each initial I-526E. Not charged on amendments or on I-526. | $1,000 | Investor |
| I-485 green card application (age 14+) Online $1,390. Under 14 and filing with a parent: $950 ($900 online). Only if you apply inside the U.S. | $1,440 | Applicant |
| I-765 work permit with a pending I-485 $260 paper or online when your I-485 was filed with a fee on or after Apr 1, 2024. | $260 | Applicant |
| I-131 advance parole (travel) with a pending I-485 Online $580. Needed only if you plan to travel abroad while the I-485 is pending. | $630 | Applicant |
| Immigrant visa application fee (employment-based) Per person. Only if you finish through a U.S. embassy (for Korea residents, usually Seoul) instead of an I-485. | $345 | Applicant |
| USCIS Immigrant Fee (card production) Paid online after you receive the immigrant visa, ideally before you fly. Not charged when you adjust status in the U.S. | $235 | Applicant |
| I-829 petition to remove conditions Filed in the 90 days before the 2-year card expires. Rolled back to this amount by the Nov 12, 2025 court order. | $3,750 | Investor |
EB-5 fees are in flux. A court order restored the older fees. A proposed rule would raise I-526/I-526E to $9,625 and I-829 to $7,860. Check G-1055 before filing.
Typical attorney fees
Public pages show about $21,000–$25,000 for an I-526 at one provider and $25,000–$75,000+ at a law office. Business plans and project fees are extra.
Spouse & children
Your spouse and unmarried children under 21 come with you. They also get 2-year conditional cards and must have conditions removed.
Work
You aren't tied to an employer and can work anywhere in the U.S. once you have the green card. The investment must stay in place as the rules require.
Path to a green card
EB-5 leads to a 2-year conditional green card, then a 10-year card after I-829 approval. Citizenship is possible after 5 years as a resident.
Note for Korean applicants
Korea-born investors use the 'All Chargeability' column. In the September 2026 chart, EB-5 unreserved and all set-aside categories were 'Current'.
Key documents
- Records tracing the lawful source of your investment funds
- Business plan and project documents (regional center projects file I-956F)
- Proof the capital was actually invested (transfer records)
- TEA or infrastructure evidence, if using the $800,000 amount
- Job creation evidence for the I-829
Common pitfalls
- Weak source-of-funds tracing, especially for gifts or loans
- Filing after Jan 1, 2027 without checking the new minimum amounts
- Planning a regional center case without watching the Sep 30, 2027 end date
- Missing the I-829 90-day filing window
- Not checking that the regional center is designated by USCIS
Rules in flux
Under the EB-5 Reform and Integrity Act of 2022, the minimum investment is $1,050,000. It is $800,000 in a targeted employment area or infrastructure project. These amounts adjust for inflation for petitions filed on or after Jan 1, 2027, and every 5 years after. Regional center visas are authorized only through Sep 30, 2027.
On Nov 12, 2025, a federal court in Colorado (Moody v. Noem) stayed the 2024 EB-5 fee increases. USCIS now charges the older fees: I-526 and I-526E $3,675, and I-829 $3,750. A separate DHS proposal from Oct 23, 2025 would set I-526/I-526E at $9,625 and I-829 at $7,860. It is not final.
DHS proposed a rule to write the 2022 EB-5 reform law into regulations. Among other changes, it would stop counting jobs from repaid bridge financing and drop the 'troubled business' route. It would also set rules on TEAs, infrastructure projects, priority date retention, promoter registration and penalties. It is not in effect.
Since Aug 5, 2026, USCIS may deny a filing that lacks required initial evidence. It no longer has to send a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) first. An RFE can give less than 12 weeks to respond, and the extra 14 days for mail sent abroad ended. Any reply, even a partial one, is treated as a request for a decision.
DHS rescinded the 2022 public charge rule (final rule published Jul 20, 2026). Officers now weigh all facts, and any means-tested public benefit received on or after Sep 18, 2026 can be considered. Benefits received before that date are judged under the 2022 rule, which counted mainly cash aid and long-term institutional care. A sufficient Form I-864, when required, is still essential.
Official sources
- EB-5 Immigrant Investor Program — USCIS
- About the EB-5 Visa Classification — USCIS
- USCIS Policy Manual, Vol. 6, Part G — Investors — USCIS
- Court Order on Partial Stay of DHS 2024 USCIS Fee Rule (Nov 18, 2025) — USCIS
- Proposed Rule: USCIS EB-5 Fee Rule (Oct 23, 2025) — Federal Register
- Proposed Rule: EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program (Jul 2, 2026) — Federal Register
- Fee Schedule (Form G-1055), edition 09/09/26 — USCIS
- 22 CFR 22.1 — Schedule of fees for consular services — eCFR
- Fees for Visa Services — U.S. Department of State
- I-829, Petition by Investor to Remove Conditions on Permanent Resident Status — USCIS
- 8 CFR 216.6 — Petition by investor to remove conditional basis — eCFR
- Check Case Processing Times — USCIS
- When to File Your Adjustment of Status Application: September 2026 — USCIS
- Policy Alert PA-2026-05: Evidence, Requests for Evidence, and Notices of Intent to Deny (Aug 5, 2026) — USCIS
General information, not legal advice. Rules change often. Check the official source and talk to a licensed immigration attorney before you act.