The EB5 Visa is a U.S. investor program that allows foreign nationals to obtain permanent residence (Green Card) by investing between $800,000 and $1,050,000 in a qualifying U.S. business and creating at least 10 permanent, full-time jobs for American workers.
The processing time for the EB-5 petition takes about 32-33 months. The entire EB-5 Visa process, from the petition to receiving a permanent Green Card, can take 5 to 8+ years.
This guide provides a complete breakdown of the EB5 Visa, including requirements, investment options, costs, processing time, and how to apply.
EB5 Visa – Key Takeaways
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 ensures you file before the September 2026 deadline with confidence.
What is the EB5 Visa?
The EB-5 Visa is a U.S. immigrant visa that provides foreign investors with a pathway to lawful permanent residence through job creation and capital investment either in a commercial enterprise or a Regional Center.
Unlike other U.S. immigrant visas such as the EB2 Visa (except EB-2 NIW), the EB5 Visa is a self-petition visa, meaning you don’t need employer sponsorship, making it more attractive to foreign investors and high-net-worth individuals.
The EB5 Visa program requires a minimum investment of $1,050,000 in regions with large markets or developed infrastructure. However, the investment amount can be reduced to $800,000 if made in a Targeted Employment Area (TEA). The minimum investment amount is subject to inflation and changes over time.
According to the Global Citizens Solutions Global Residency-by-Investment (RBI) report, which ranks 23 countries with RBI programs, the United States, with its primary RBI program being the EB-5 Visa, ranks 18th overall. It also ranks 4th globally on the investment index, which analyzes ease of doing business and economic stability metrics. The EB-5 Visa is the main route for foreign nationals seeking U.S. permanent residency via capital investment.
Who is eligible for an EB-5 Visa?
To be eligible for the EB-5, you must
- Invest a minimum of $1,050,000 in a developed region with a large market or $800,000 minimum in a Targeted Employment Area (TEA).
- These investments can either be direct (own business) or in a regional center (pooled investment).
- Investors must also directly or indirectly create 10 full-time, permanent jobs (at least 35 hours weekly) for qualifying U.S. workers, for the two years of conditional permanent residence.
- Investment funds must be from lawful sources, such as business earnings, salaries, or inheritance.
- Invested funds must be at risk, meaning there is no guaranteed return on them.
Benefits of the EB-5 Visa
- Direct pathway to Green Card: The EB-5 Visa grants lawful permanent residency (Green Card) to the investor, their spouse, and unmarried children under 21, allowing them to live, work, and study freely in the United States.
- No employer sponsorship or job offer required: The EB-5 is a self-petition visa, so applicants don’t need to show a job offer or employer sponsorship to qualify.
- Pathway to citizenship: After 5 years of permanent residency, EB-5 Visa holders can apply for U.S. citizenship through naturalization, provided they meet all other eligibility requirements.
- Potential ROI on capital: While the EB-5 program requires an “at-risk” investment, investors may receive a return of capital depending on how the business performs. However, this isn’t guaranteed.
- No language or education requirements: Unlike many immigration pathways, such as the EB-1 Green Card, the EB-5 Visa does not require language proficiency, prior business experience, or specific education.
EB5 Visa Requirements
To qualify for the EB-5 Immigrant Investor Program, applicants must make a minimum investment in a Standard area or a Targeted Employment Area (TEA).
The EB-5 Visa requirements are as follows:
- $1,050,000 in a standard area or $800,000 in Targeted Employment Area (TEAs) or rural area.
- Investments can either be direct (from the investor alone) or via a regional center (pooled funds with other investors)
- Direct investments are made directly to the commercial enterprises that create the jobs.
- Regional investments are made into the New Commercial Enterprise (NCE), also called the EB-5 fund. The NCE then loans the fund to the Job Creating Entity (JCE).
- Create 10 permanent full-time jobs for U.S. workers (Green card holders, citizens, or anyone with authority to work) within two years of receiving conditional permanent residency, either through direct investment in the new commercial enterprise or indirect investment through a Regional Center. Note that investors’ family members cannot be given jobs as part of the 10-person requirement.
TEA rules and regulations
In the regional or TEA investment, you can either invest in a rural or high-unemployment area. For a region to be qualified as a TEA, it should adhere to the following rules,
- The chosen area should either be a rural area or a high-unemployment area.
- An area with a national average unemployment rate of at least 150% qualifies as a high-unemployment area.
- For rural TEA, the chosen area must have a population of less than 20,000 and must be outside the Metropolitan Statistical Area (MSA).
- Both the rural area and high-unemployment area require Job Creating Entity (JCE) to create jobs in the chosen area.
Note: All EB-5 investors must create or maintain at least 10 full-time jobs for U.S. workers. However, direct investments require you to hire employees yourself, while Regional Center investments allow jobs to be created indirectly through the investment project.
Can I include my family on an EB-5 Visa?
Yes, as the main investor, you can include your spouse and unmarried children as derivative beneficiaries in the same EB-5 petition. Once approved, they receive the same conditional Green Card and follow the same I-829 removal of conditions process as the principal applicant.
However, because EB-5 processing takes several years, a child who is under 21 at filing may turn 21 before a visa becomes available, causing them to lose derivative status. This is known as ageing out.
The Child Status Protection Act (CSPA) offers partial protection in some cases by freezing a child’s age as of the I-526E filing date, minus USCIS processing time. If the resulting age is under 21 and the child seeks a visa within one year of visa availability, they may retain derivative status. However, CSPA protection is not automatic or always guaranteed, so families with children approaching 21 should seek independent legal advice early in the process.
EB-5 Visa Lawful source of funds
Your investment capital for the EB-5 Visa must be from a legitimate source, such as inventory, secured debt, cash, equipment, or loan proceeds. You must also provide documentation proving the source of funds, such as bank statements or financial records. Note that the source-of-funds tracing is extremely detailed.
If you are borrowing from friends, for example, the loan must be a bona fide loan, and the lender must be prepared to share documentation on how they obtained the money. It is recommended to take a loan of not more than 70% of the value of the collateral. The USCIS may request you to provide evidence (RFE) if the collateral value is close to the value of the loan you have taken.
“The business project gets all the attention, but the EB-5 petition is usually won or lost on the source of funds. Investors underestimate how long it takes to trace every dollar to a lawful origin, especially when the money crosses borders, sits in family holdings, or comes from a business sold a decade ago. That tracing is the long pole in the tent. Start it the week you decide, not the month before the deadline.”
– Patricia Casaburi, Managing Director at Global Citizens Solutions.
EB-5 Visa Qualifying business
Some of the enterprises you can invest in for the EB-5 Visa include holding companies, sole proprietorships, business trusts, limited and general partnerships, corporations, joint ventures, and other privately or publicly-owned entities. Note that troubled businesses are exempt from the employment creation criteria. A troubled business is one that has been open for 2 years and has experienced a net loss of about 20% over the last 12 to 24 months.
EB-5 Visa Options: Direct Investment vs Regional Center Investment Explained
The main difference between the two investment types is that direct investments require investors to place capital directly into a commercial enterprise and be actively involved in its day-to-day management, while Regional Center investments allow investors to pool capital with other investors into USCIS-designated Regional Centers and assume a more passive, hands-off management role.
| Feature | Direct Investment | Regional Center investment |
|---|---|---|
| Investor role | Active management, daily operations, or high-level policymaking. | Investors act as limited partners with no day-to-day operational role. The Regional Center manages the project on the investors’ behalf. |
| Job creation type | Must be direct, full-time (35+ hrs/week) W-2 employees. | Can include direct, indirect, and induced jobs. |
| Capital control | You maintain direct oversight and control of the funds | Funds are managed by a third-party sponsor/developer. |
| Job evidence burden | Heavier. Requires strict payroll and tax documentation. | Easier. Calculated using USCIS-approved economic models. |
Do I need a business plan for the EB-5 Visa?
Yes. You need a business plan for your EB-5 Visa application. USCIS requires a comprehensive, highly detailed business plan that demonstrates your business will meet the job-creation requirement. However, the quality and extent of your plan depend on whether you are making a direct investment or a regional (pooled) one.
A direct investment requires a bespoke business plan known as the “Matter of Ho” compliant business plan outlining organizational charts, market analysis, financial projections, and hiring timelines. On the other hand, regional centers use a standard, comprehensive business plan template that all investors must adopt.
How to apply for an EB-5 Visa? (Step-by-Step Guide)
Step 1: Choose an EB-5 investment: First, select a suitable EB-5 investment. You can do this through direct investment or a regional center that is approved by USCIS. Regional centers are entities designated by the USCIS to handle EB-5 projects.
Step 2: File Form I-956F (if applicable): For regional center investments, confirm that the associated Form I-956F has been filed or approved by USCIS before committing capital, your I-526E cannot be adjudicated until USCIS has decided on it. This form verifies that the regional center project complies with EB-5 program rules and job-creation requirements.
Step 3: Make the investment: Once you choose the right project, invest the required capital into the enterprise. Note that funds must be transferred and documented at this stage, since source-of-funds tracing begins here.
Step 4: File Form I-526 or I-526E: Once the investment is made, file Form I-526 (direct investment) or Form I-526E (regional center investment), depending on where you’re investing, to the U.S. Citizenship and Immigration Services (USCIS).
Our experienced EB-5 Visa lawyers at Global Citizens Solutions will handle your Form I-526 or I-526E petitions to avoid mistakes or RFEs that could delay your case.
Step 5: Apply for conditional permanent residency: Once your I-526 or I-526E petition is approved, you can apply for a Green Card by one of the following:
- File DS-260 online if outside the country and attend an interview at the U.S. embassy or consulate
- File Form I-485 to adjust your status to permanent residency if located inside the United States.
Once approved, you and your immediate family members will receive a conditional Green Card valid for two years.
Step 6: Maintain the investment and job-creation requirements for the two years of conditional permanent residence. You must then file Form I-829 within the 90-day window before your conditional Green Card expires to remove the conditions.
Step 7: Once the I-829 EB-5 petition is approved, USCIS removes the conditions and grants you permanent resident status, which is a 10-year Green Card that is renewable indefinitely.
Note: Investors already in the United States under a valid non-immigrant visa (such as H-1B, E-2, or F-1) can file Form I-485 (Adjustment of Status) concurrently with Form I-526E provided that an immigrant visa is immediately available based on their priority date. However, the fee for each form must be paid separately. USCIS will reject a combined fee payment for Forms I-526 or I-526E and I-485.
Investors can also file Form I-765 (Employment Authorization Document) and Form I-131 (Advance Parole/travel authorization), allowing them to work and travel while their petition is pending. However, investors must refrain from leaving the United States until they physically receive the Advance Parole document.
The EB-5 process can be overwhelming for investors. This is why hiring an experienced EB-5 Visa lawyer, such as Global Citizens Solutions, is crucial. Our expert team will guide you through the process, handle documentation preparation and submission, and also offer support for your visa interview.
Documents Needed for the EB-5 Visa
EB-5 Visa applicants must provide:
- Valid passports for the applicant, spouse, and children
- Birth certificate, and marriage certificate if a spouse is applying with you
- Police or court records
- Passport-style photographs
- Proof of your qualifying EB-5 investment, or that you are actively in the process of investing
- Evidence that your investment funds came from a lawful source, such as tax returns, bank records, business records, sale documents, loan records, or other financial evidence
- Business and project documents, including records for the new commercial enterprise and supporting business plan materials
- Evidence that the investment has created, or is expected to create, at least 10 full-time jobs for qualifying U.S. workers
- If filing from inside the United States, documents required for Form I-485, such as identity and birth records and medical exam documentation
- If applying from outside the United States, documents required for Form DS-260 and immigrant visa interview processing, including civil documents and country-specific consular documents
- If filing Form I-829, evidence that you sustained the investment and met the job creation requirement, such as bank statements, invoices, contracts, payroll records, tax documents, and Forms I-9, where applicable
- Copies of approval notices, filing notices, and receipts related to your EB-5 case, where relevant
EB-5 Visa missing documentation
If you are unable to provide any of the mandatory documents at the time of visa application, you can file a missing document declaration along with your application form. Although USCIS does accept the declaration at times, it works as a last resort.
How much does the EB-5 Visa cost?
Aside from the $800,000 to $1,050,000 minimum investment costs, investors must also pay the following government filing and processing fees, which range from $8,800 to $10,000.
| Form/Fee | Price | Who Pays |
|---|---|---|
| I-526 – Immigrant Petition by Standalone Investor | $3,675 | Direct investors |
| I-526E – Immigrant Petition by Regional Center Investor | $3,675 | Regional Center investors |
| EB-5 Integrity Fund fee (mandatory with I-526E) | $1,000 | Regional Center investors only |
| I-829 – Petition to Remove Conditions | $3,750 | All EB-5 investors |
| I-485 – Adjustment of Status (if inside the U.S. – per person) | $1,440 (paper)/ $1,390 (online) | Applicants adjusting status in the U.S. |
| DS-260 – Immigrant Visa Application (if outside the U.S.) | $325 | Applicants applying via consular processing |
| Biometrics (per person) | $85 | Investor and each family member included in the petition |
| Affidavit of Support – Form I-864 (if required) | $0 if adjusting status inside the U.S. (filed with I-485); $120 NVC processing fee if applying via consular processing abroad. | Applicable in limited circumstances only (not required for most EB-5 investors) |
Additional EB-5 Visa costs to budget for:
Beyond government filing fees, EB-5 investors should also budget for:
- Legal fees: Varies for an experienced EB-5 immigration attorney, from I-526E through I-829
- Regional Center administrative fees: $50,000-$100,000 is charged by the project sponsor to the investor and varies by project. These fees are separate from the Regional Center’s own annual Integrity Fund compliance fee paid to USCIS.
- Document preparation costs: translation, notarization, and source-of-funds documentation
EB-5 Visa Risks and Due Diligence
The EB-5 Visa requires investors to put their capital “at risk” in a qualifying commercial enterprise. This means, both return on investment and a Green Card are not guaranteed. There are two kinds of risks that investors must consider:
- Immigration risk: this is the risk that you do not obtain permanent residency because the project fails to create the required 10 jobs, the regional center loses compliance, or USCIS denies project-level or petition-level filings.
- Financial risk: this is the risk that you do not recover your capital. Returns depend on how the project performs and how the repayment structure is set up, neither of which USCIS guarantees.
Investors must perform due diligence with the guidance of an experienced EB-5 Visa lawyer to spot the right red flags, especially with regional center investments. Here are some due diligence steps to take.
- If the project’s Form I-956F is still pending, it may be an issue because your Green Card depends on that approval. If the project runs into problems at this stage, your case can be delayed or denied.
- Confirm where EB-5 funds sit in the project’s financing structure and how repayment is expected to happen.
- Be wary of unverifiable job creation projections, as they can cause issues at the USCIS adjudication stage.
- Request and review the Offering Memorandum, Business Plan, Economic Report, the project’s I-956F approval status, and the Regional Center’s USCIS designation on the official USCIS Regional Center list.
Getting an experienced EB-5 immigration team, such as Global Citizens Solutions, working on your behalf is not optional. This expert will review your source of funds, assess the project’s immigration viability, and represent your interests from I-526E through I-829.
EB-5 Visa Processing Time
As of 2026, Form I-526E (Regional Center) and Form I-526 (Direct) petitions take approximately 32–33 months to process, based on USCIS data for 80% of cases.
| Stage | Form | Processing Time |
|---|---|---|
| Project approval (Regional Center investors) | I-956F | 12 months |
| Immigrant petition (Regional Center investors) | I-526E | 32.5 months |
| Immigrant petition (Direct investors) | I-526 | 33 months |
| Immigrant petition by Alien investor (Legacy) | I-526 | 109.5 months (for china -mainland born) 97.5 months (all other areas) |
| Conditional Green Card | I-485 | 9 months |
| Conditional residence period | – | 2 years |
| Removal of conditions | I-829 | 20 months |
The total EB-5 Visa processing timeline, including project approval (I-956F), conditional Green Card, the two-year conditional residence period, and removal of conditions (I-829) now range from 5 to 8+ years for most Regional Center investors. The timeline depends on your project category, country, and monthly visa bulletin priority date movement.
Rural set-aside investors benefit from priority processing and may complete the process faster. Legacy I-526 petitions filed before March 2022 face significantly longer waits of 97.5-109.5 months at the petition stage alone.
Note: These figures are taken directly from the USCIS and reflect current published estimates, not guaranteed timelines. Individual cases may take longer due to Requests for Evidence (RFEs), staffing changes, or case complexity. Processing times are updated regularly, so verify current figures before filing.
How USCIS Processes EB-5 Visa Petitions in 2026
On 25 February 2026, USCIS published a new EB-5 Inventory Management policy. Effective 30 March 2026, the policy changes how USCIS assigns Form I-526 and Form I-526E petitions for adjudication. It is the first formal processing framework USCIS has published since the EB-5 Reform and Integrity Act (RIA) of 2022.
Under the new model, your filing date alone no longer determines when your petition is reviewed. Instead, three factors now control processing order:
- Whether the associated regional center project (Form I-956F) has been approved
- Which visa category you filed under (Rural, High Unemployment Area, Infrastructure, or Unreserved)
- Your filing date within that category, applied on a first in, first out (FIFO) basis
Rural set-aside petitions are now prioritized in a dedicated FIFO queue, ahead of HUA, Infrastructure, and Unreserved petitions. This means the project category, particularly Rural, now directly affects how quickly your I-526E is assigned for review.
For investors from countries with a huge backlog, such as China and India, this makes the project category one of the most important strategic decisions in the EB-5 process. Choosing a Rural project can meaningfully shorten how long you wait for a decision.
Note: As of 5 June 2026, the U.S Department of State announced that all available EB-5 Visas for Indian applicants for the FY2026 have been issued. This means that they are no longer issuing EB-5 Visas for applicants chargeable to India for this period.
Does the EB-5 Visa lead to citizenship?
Yes. EB-5 Visa holders may be eligible for citizenship through naturalization after 5 years of holding a Green Card (including the conditional period) provided they meet all naturalization requirements, such as:
- passing a civics test and English test
- demonstrating good moral character
- showing continuous residence and physical presence in the U.S.
Tax Considerations for EB-5 Visa Investors
Obtaining a conditional Green Card makes you a U.S. tax resident from the date of approval. The U.S. taxes residents on global income regardless of where they live or where the income is generated. Therefore, as a U.S. tax resident, you are required to report and pay U.S. federal income tax on your worldwide income, including income earned in your home country, investment returns, rental income, and business profits held abroad.
FBAR and FATCA Reporting
Two additional reporting obligations apply from your first year of U.S. residency:
- FBAR (FinCEN 114): Required if your foreign financial accounts exceed $10,000 in aggregate at any point during the year. Penalties for non-compliance are severe.
- FATCA (Form 8938): Requires disclosure of specified foreign financial assets above reporting thresholds. Foreign financial institutions may also report your accounts directly to the IRS.
You should consult a qualified U.S. tax attorney or international tax advisor before filing any EB-5 petition to understand the full financial implications of U.S. tax residency for your specific circumstances.
Is EB-5 going to be suspended?
No. There is no current news about the EB-5 Visa being suspended. However, the program has been facing some restrictions and uncertainty, especially with the Trump Gold Card Visa being in full effect.
The main concern is that the Regional Center authorization is set to expire on 30 September 2027. This raises questions about whether Congress will reauthorize this pathway and what that would mean for investors. Also, the temporary immigrant visa ban on 75 countries announced on 14 January 2026 also raises alarm among prospective EB-5 Visa investors from the affected countries.
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.
