The EB-5 Immigrant Investor Program is a US immigration pathway through which eligible foreign investors, their spouses, and unmarried children under 21 may qualify for Green Cards.
To qualify for the EB-5 Visa in 2026, you must invest $1,050,000 in a standard commercial enterprise or $800,000 in a qualifying Targeted Employment Area (TEA). You must also prove that your investment funds came from lawful sources, place the capital at risk, participate in managing the enterprise, and create at least ten full-time jobs for qualifying workers.
Successful applicants initially receive conditional permanent residence for two years before applying to have the conditions removed.
This article will serve as a guide to the EB-5 Visa requirements for investors who want to explore permanent residency in the United States.
EB-5 Visa Key Takeaways + Latest Updates of June 2026
Investors can still file Form I-526E between October 2026 and September 2027, but will have no statutory protection if Congress does not extend the program. Starting early and working with an EB-5 Visa attorney or immigration firm, such as Global Citizen Solutions, can help you prepare the petition before the September 2026 deadline with confidence
EB5 Visa Requirements Overview
Meeting the minimum investment amount alone does not qualify you for an EB-5 Visa. You must satisfy all the applicable investment, job creation, and immigration requirements.
| Requirement | What you must demonstrate |
|---|---|
| Qualifying investment amount | Invest $1,050,000 in a standard project or $800,000 in a qualifying rural TEA, high-unemployment TEA, or infrastructure project. These amounts are set to increase automatically from 1 January 2027. |
| New commercial enterprise | Invest in a qualifying for-profit US commercial enterprise established after 29 November 1990. Certain older businesses may qualify if they are properly restructured, re-organized or expanded. |
| Lawful source and path of funds | Prove how you lawfully obtained the investment capital and trace how the money moved from its original source into the new commercial enterprise. |
| At-risk investment | The capital must be at risk and cannot include an unconditional guarantee that your capital will be repaid. The capital must remain invested for at least two years. |
| Job creation | Create at least ten permanent, full-time positions for qualifying US workers. Standalone investments rely on direct jobs, while regional-center investments may also count qualifying indirect jobs. |
| Participation in management | Participate in the management of the new commercial enterprise through day-to-day managerial responsibilities or involvement in policy formulation. |
| Correct EB-5 pathway and petition | File Form I-526 for a standalone investment or Form I-526E for an investment associated with a USCIS-designated regional center. |
| Immigration eligibility | Meet the standard US immigration requirements, including the applicable background, security, medical and admissibility checks. |
The EB-5 Visa does not have a language, education, employment, business-experience, or employer-sponsorship requirement. Also, satisfying the investment requirements does not guarantee that your petition will be approved or that your capital will be returned.
Note: The current EB-5 investment thresholds are scheduled to be adjusted for inflation on 1 January 2027. Investors filing on or after that date should confirm the applicable amounts with USCIS. New, expected prices are: $800,000 to roughly $900,000–$950,000 for TEA investments and from $1,050,000 to about $1,150,000–$1,250,000 for standard non-TEA investments. Note that these ranges haven’t been confirmed by USCIS.
Current EB-5 Visa Investment Amounts
The minimum EB-5 investment amount in 2026 is either $1,050,000 or $800,000, depending on the location and classification of the project.
| Project classification | Minimum investment in 2026 | What qualifies |
|---|---|---|
| Standard project | $1,050,000 | A project that does not qualify as a Targeted Employment Area or infrastructure project |
| Rural TEA | $800,000 | A project in an area outside a (Metropolitan Statistical Area) MSA and outside the boundary of a city or town with a population of 20,000 or more |
| High-unemployment TEA | $800,000 | A project in an area with a weighted unemployment rate of at least 150% of the national average |
| Infrastructure project | $800,000 | A qualifying public infrastructure project administered by a government entity |
These figures represent the minimum capital investment only. Regional-center administrative charges, USCIS filing fees, legal fees, document translation costs, and other professional expenses do not count toward the required investment.
What is a Targeted Employment Area?
A Targeted Employment Area (TEA) is either a rural area or an area that is experiencing high unemployment. Investing in this area requires a reduced investment threshold of $800,000.
Note that TEA status is not the same as regional center status. A regional center project does not automatically qualify for the reduced investment threshold, while a standalone EB-5 project may qualify if it is located in an eligible TEA.
| Tea category | USCIS requirements | Supporting evidence |
|---|---|---|
| Rural area | The project must be outside a Metropolitan Statistical Area (MSA) and outside the boundary of any city or town with a population of 20,000 or more, based on the most recent decennial census. | Project address, maps, current Office of Management and Budget MSA designations, and US Census population data. |
| High-unemployment area | The area must consist of the census tract or contiguous census tracts in which the new commercial enterprise principally does business. It may also include directly adjacent census tracts. The weighted average unemployment rate must be at least 150% of the national average. | Project address, census-tract map and numbers, unemployment data, data sources and a transparent weighted-average calculation. |
Both the rural area and the high-unemployment area require the Job Creating Entity (JCE) to create jobs in the chosen area.
Note: The regional center’s investments involve two important entities, namely, the New Commercial Enterprise (NCE), and the Job Creating Entity (JCE). The NCE is where the immigrant will invest, and the JCE is where the NCE invests or loans the EB-5 investment funds to create jobs.
Who determines whether an area qualifies?
USCIS determines whether a project qualifies as a TEA. State governments no longer issue binding high-unemployment-area designations for EB-5 applications.
For a regional center project, the regional center must file Form I-956F before investors submit their Form I-526E petitions. The project application should contain the evidence and calculations supporting any claimed rural or high-unemployment designation.
A standalone investor files Form I-526 and must provide the applicable evidence showing that the investment qualifies for the reduced threshold.
You can see a map of TEAs here.
What are the lawful sources of income for an EB-5 Investment?
EB-5 investors must demonstrate that the invested capital was lawfully obtained. You must also document the lawful source of money used to pay administrative costs and fees associated with the investment.
USCIS considers two different requirements:
- Source of funds: How the investor originally obtained the money, such as through employment, business income, an asset sale, a loan, a gift or an inheritance.
- Path of funds: How the money moved from its original source to the new commercial enterprise or its escrow account.
There should be a traceable chain between the original source and the EB-5 investment. This includes documenting transfers through intermediary accounts, any currency-exchange services, or other third parties.
| Source of funds | Evidence may include |
|---|---|
| Employment income | Employment contracts or letters, pay slips, tax returns, and bank statements showing the receipt and accumulation of income. |
| Business income | Business-registration and ownership records, tax returns, financial statements, dividend records, and bank statements. |
| Sale of real estate or another asset | Proof of ownership, purchase records, sale agreement, closing documents, valuation evidence where relevant, tax records and bank statements showing receipt of the proceeds. |
| Investment proceeds | Brokerage or investment-account statements, purchase and sale records, evidence of the original investment funds and applicable capital-gains or tax records. |
| Gift | A gift deed or declaration, evidence of the transfer and documentation establishing the donor’s identity and lawful source of the gifted money. |
| Inheritance | A will, probate or estate records, death certificate, distribution documents and bank statements showing receipt of the inheritance. |
| Loan | The executed loan agreement, evidence of disbursement, repayment terms and documents identifying the lender. If the loan is secured, evidence concerning ownership and the value of the collateral may also be required. |
| Divorce settlement or legal award | A court order, settlement agreement or judgment, together with bank records showing receipt of the money. |
Note that USCIS may still request additional evidence where the documents do not adequately explain how you, your donor, or bank lender lawfully obtained the funds.
Tax Returns and Documentation Required for EB-5 Visa
You must submit individual and business tax returns filed in any jurisdiction during the preceding seven years. Investors may also need business records, bank statements, and other financial evidence relevant to the source being documented.
USCIS does not require every financial statement to be audited or every investor to submit three years of records from every bank account. However, the documentation should be sufficient to establish the lawful source and complete path of the funds used for the EB-5 investment.
Every document written in a language other than English must be accompanied by a complete English translation.
What if a document is unavailable?
You should not rely solely on a “missing document declaration.” If required primary evidence does not exist or cannot be obtained, the petition should explain and document its unavailability and provide appropriate secondary evidence.
USCIS may consider affidavits when both primary and secondary evidence are unavailable, but they do not guarantee that USCIS will accept the claimed source or transaction. Investors should address documentary gaps clearly rather than leaving unexplained breaks in the path of funds.
Are gifts, divorce settlements, and inheritance eligible as sources of funds?
Gifts, divorce settlements, and inheritance are eligible sources of funds, and they require supporting documents to be considered as investment funds.
- If your investment in the EB-5 project is from the inheritance you acquired, then you must provide proof of inheritance, such as settlements of the deceased.
- If the investment is from the gift that you received, you must include the registration of the money and the gift giver’s source of income.
- In case of divorce, you must include the official court judgments, alimony, and proceeds of civil lawsuits.
EB-5 Job Creation Requirements
An EB-5 investment must create at least 10 full-time positions for qualifying employees. Regional project investments from multiple EB-5 investors must demonstrate enough qualifying jobs to allocate at least ten jobs to each investor.
A full-time position must require at least 35 working hours per week, and combining several part-time positions does not meet this requirement.
A qualifying employee may be:
- A US citizen
- A US national
- A lawful permanent resident
- Another immigrant legally authorized to work in the United States
The investor, the investor’s spouse, and the investor’s sons or daughters do not count as qualifying employees.
Standalone versus regional center job creation
The jobs you can count as an investor also depend on your chosen EB-5 investment pathway.
| Investment pathway | Jobs that may qualify | How job creation is demonstrated |
|---|---|---|
| Standalone investment | Direct jobs created by the new commercial enterprise | Business plans, payroll records, tax documents, and other evidence of an employer–employee relationship between the enterprise and its employees. |
| Regional center investment | Direct and indirect jobs resulting from the investment | An approved economic methodology, project expenditure, operational revenue and other evidence submitted for the regional center project. Up to 90% of the job-creation requirement may be met through indirect jobs. |
Why work with Global Citizen Solutions?
Global Citizen Solutions is an advisory investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
- Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
- Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
