The EB-5 is the immigrant visa for people who invest their own capital in a U.S. business and, in doing so, seek a green card. Today the minimum amount is $1,050,000 — or $800,000 when the money goes to a targeted employment area (TEA) or an infrastructure project — and the investment must create at least 10 full-time jobs, according to the USCIS Policy Manual, Vol. 6, Part G, Ch. 2. Below are the requirements, forms, and steps, from the initial petition through removal of conditions on the green card.
What is the EB-5 visa?
The EB-5 is the employment-based fifth preference. It is intended for the immigrant investor who applies their capital in a "new commercial enterprise" that generates jobs for workers in the U.S., according to the USCIS EB-5 program. Starting with the EB-5 Reform and Integrity Act of 2022, in effect since March 15, 2022, the program began operating under new rules for minimum investment amounts, targeted areas, and reserved visas (USCIS, Policy Manual, Ch. 2).
How much do you need to invest?
Federal law requires, as of the date of investment, capital obtained through lawful means with a market value of at least $1,050,000; or $800,000 if the investment is in a targeted employment area (TEA) or an infrastructure project (USCIS, Policy Manual, Ch. 2). These amounts increase automatically on January 1, 2027, and every five years thereafter, also under the rule in the same manual (USCIS).
A targeted employment area can be, at the time of investment, a rural area; or a high-unemployment area, defined as at least 150% of the national average unemployment rate (USCIS — About the EB-5 Visa Classification). It is the location of the enterprise that determines whether you qualify under the $800,000 amount or the $1,050,000 amount.
How many jobs must the investment create?
The capital must be invested in a new commercial enterprise that creates at least 10 full-time jobs for qualifying employees in the U.S. (USCIS, Policy Manual, Ch. 2). This number is one of the central points of the program: the jobs must exist and be sustained, and this is what the investor demonstrates later, when petitioning to remove the conditions on the green card.
Is there a queue with reserved visas?
Yes. The EB-5 Reform and Integrity Act of 2022 set aside a portion of EB-5 visas by investment type: 20% for investors in rural areas, 10% for high-unemployment areas, and 2% for infrastructure projects (USCIS, Policy Manual, Vol. 6, Part G, Ch. 1). When reserved visas are available in these categories, the wait may be shorter for those who invest in them, because demand for these set-aside visas tends to be lower than for the general category.
Direct investment or through a regional center?
There are two paths, and each uses a different form. Those who invest on their own, directly in an enterprise, file Form I-526, Immigrant Petition by Standalone Investor (USCIS, I-526). Those who invest through a regional center — an entity designated by USCIS to pool investor capital into projects — file Form I-526E, Immigrant Petition by Regional Center Investor (USCIS, I-526E). The path chosen determines the form used in the first step and how jobs are counted in your case.
How the process works, step by step
- Choose your path and file the petition. Direct investment: Form I-526 (USCIS). Through a regional center: Form I-526E (USCIS). This is the petition that demonstrates the investment and the plan for creating the 10 jobs.
- Wait for a visa to become available. After the petition is approved, an immigrant visa must be available for your category and priority date (USCIS, Policy Manual, Ch. 3). The monthly Visa Bulletin shows whether your queue has moved — see how to read it in our Visa Bulletin guide.
- Apply for the green card. With a visa available, those in the U.S. can apply for adjustment of status through Form I-485; those outside the country go through consular processing via Form DS-260 (USCIS, Policy Manual, Ch. 3).
- Receive conditional status for 2 years. Upon admission or approval of adjustment of status, the investor becomes a conditional permanent resident for a two-year period (USCIS — Removing Conditions, Investors).
- Remove the conditions. Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, must be filed during the 90-day period before the conditional green card expires (USCIS, I-829).
The investor green card is conditional for 2 years
The EB-5 green card starts as conditional. The investor receives conditional resident status on the day they are admitted to the U.S., for a two-year period (USCIS). To remove the conditions, Form I-829 is filed during the 90-day period before the conditional green card expires (USCIS, I-829). At this stage, the investor shows that the capital was invested and sustained and that the jobs were created. This is the same type of step that the 2-year marriage-based green card has with the I-751: the form and what must be proven change, but the logic of removing conditions is the same.
How much does it cost, and where to check the fees
USCIS fees change by edition and by form, and only the amounts listed in the official table apply. Before submitting any form, check the current amount in the USCIS fee schedule (G-1055 Fee Schedule). Keeping proof of each payment and organizing documentation on the source of the capital is part of the process — the same discipline required in the 5 phases of the family green card.
Sources
- USCIS — EB-5 Immigrant Investor Program
- USCIS — Policy Manual, Vol. 6, Part G, Ch. 1 (reserved visas)
- USCIS — Policy Manual, Vol. 6, Part G, Ch. 2 (amounts and jobs)
- USCIS — Policy Manual, Vol. 6, Part G, Ch. 3 (process)
- Form I-526 · Form I-526E · Form I-829
- USCIS — Removing Conditions on Investor Green Card
- Prime Immigration Office — Blog
Educational information, not legal advice. Prime Immigration Office is a paralegal service — document preparation only. For legal advice, consult a licensed Texas attorney or DOJ-accredited representative.