USA EB-5 Investor Visa

The EB-5 Immigrant Investor Program grants lawful permanent residence (a Green Card) to foreign nationals who invest in a new U.S. commercial enterprise that creates full-time jobs for U.S. workers (USCIS). It is an immigrant route, not a remote-work visa: once approved, the investor is a permanent resident who can live and work anywhere in the country.

• Status: active
• Minimum investment: $1,050,000 or $800,000 in a targeted employment area (TEA) or an infrastructure project
• Jobs: at least 10 full-time jobs for qualifying U.S. workers per investor
• Filing fee: $3,675 for Form I-526 or Form I-526E
• First Green Card: conditional, for 2 years
• Family: spouse and unmarried children under 21

Both investment minimums are due to rise with inflation on Jan. 1, 2027. USCIS had not published the new amounts as of Oct. 1, 2026 (USCIS Policy Manual).

There are two ways in. A standalone (direct) investor files Form I-526; an investor in a project sponsored by a USCIS-designated regional center files Form I-526E. The Regional Center Program is authorized through Sept. 30, 2027 (USCIS Policy Manual).

The United States guide sets EB-5 beside visitor stays and the other ways to spend time in the country.

EB-5 is open to every nationality. There is no income test and no remote-work condition: the case turns on the investment, the money behind it and the jobs it creates (USCIS Policy Manual).

• Investment: at least $1,050,000 or $800,000 in a TEA (a rural area or an area of high unemployment) or an infrastructure project.
• At risk: the capital must be invested in a new commercial enterprise and placed at risk, not parked in a guaranteed account.
• Lawful source: the investor must show the funds were lawfully obtained and trace how they reached the investment.
• Jobs: the investment must create at least 10 full-time positions for qualifying U.S. workers.
• Admissibility: the usual immigrant screening applies, including criminal and immigration history.

The EB-5 Reform and Integrity Act of 2022 reserves 20% of EB-5 visas for rural areas, 10% for high-unemployment areas and 2% for infrastructure projects (USCIS Policy Manual).

Visa numbers are limited, so the wait after petition approval depends on the monthly Visa Bulletin and can differ by country of birth.

The petition has to prove the investment, the source of the money and the job plan. Typical evidence for Form I-526 or I-526E (USCIS):

• Investment records: transfer records, escrow or subscription documents and the enterprise's organizational papers.
• Source of funds: records tracing the money to its lawful origin, such as salary, business profits, property sales, gifts or loans.
• Business plan: a plan showing how the enterprise will create the required jobs.
• Translations: any foreign-language document needs a full English translation certified by the translator.

After the petition is approved, the Green Card stage adds civil documents (passport, birth and marriage certificates), police certificates where required and an immigration medical exam by an authorized doctor. Applicants abroad handle this through the National Visa Center; applicants in the United States file Form I-485.

Government filing fees in the USCIS fee schedule (Form G-1055):

• Form I-526 or I-526E: $3,675
• EB-5 Integrity Fund fee: $1,000 with each initial Form I-526E. It applies to regional center investors only, not to standalone I-526 petitions.
• Form I-829 to remove conditions: $3,750

The current fee schedule lists no separate biometric services fee for these EB-5 forms.

The investment itself ($1,050,000 or $800,000 in a TEA) is the largest cost. Applicants abroad also pay the Department of State's immigrant visa fee for each family member and the cost of the medical exam. Legal fees, regional center administrative fees, translations and document costs are set privately and vary widely.

Where to apply: Form I-526 or I-526E with USCIS; then Form I-485 with USCIS if in the United States, or an immigrant visa through the National Visa Center and a U.S. consulate abroad (USCIS).

1. Petition: file Form I-526 (standalone) or Form I-526E (regional center) with the fee and evidence.
2. Green Card application: once a visa number is available, apply for an immigrant visa abroad or file Form I-485 in the United States. When a visa number is immediately available, Form I-485 can be filed together with the petition.
3. Conditional residence: the investor and included family receive conditional permanent residence for 2 years.
4. Remove conditions: file Form I-829 before the conditional period ends to show the investment was sustained and the jobs were created.

USCIS gives no fixed processing time for EB-5. It posts current estimates in its processing times tool, and the immigrant visa stage also depends on the Visa Bulletin.

EB-5 does not renew like a temporary visa. The first Green Card is conditional for 2 years (USCIS).

Removing conditions: File Form I-829 within the 90 days before the second anniversary of admission or adjustment as a conditional resident; approval removes the conditions for the investor and included dependents.

After that: It is permanent residence: a two-year conditional Green Card that becomes a 10-year Green Card once Form I-829 is approved. Permanent residence has no set end date, though the card itself must be kept current and the holder must keep living in the United States as a permanent resident.

A Regional Center investment also depends on the program's authorization, which runs through Sept. 30, 2027 (USCIS Policy Manual).

Green Card holders are U.S. tax residents under the green card test and are taxed on worldwide income; there is no special regime for EB-5 investors (IRS).

U.S. tax residents report income earned inside and outside the United States (IRS). Investors who still earn income or hold accounts abroad should check three things:

• Tax treaties: a treaty between the United States and the home country may change how some income is taxed (IRS).
• Foreign accounts: U.S. persons with foreign financial accounts above a set total may have to file an FBAR each year (IRS).
• State taxes: most states tax their residents' income under their own rules, so the state of residence matters too.

Tax residency starts with the Green Card, so planning before the move is easier than fixing it afterward.