United States of America · investor · Leads to settlement
EB-5 Immigrant Investor Program
By Sam Parks · Last reviewed:
Permanent residence through investment in a new US commercial enterprise that creates at least 10 full-time jobs.
- Processing time
- I-526E/I-526: varies widely by set-aside category (rural set-aside typically faster).
- Government fees
- I-526/I-526E USD 3,675 (plus the USD 1,000 EB-5 Integrity Fund fee); I-829 USD 3,750 — a federal court vacated the higher April-2024 fees (USD 11,160 / USD 9,525) and USCIS reverted to these amounts on 14 November 2025; a new fee rule is pending, so confirm before filing. Plus regional-center or direct-project fees set privately.
- Typical duration
- Conditional 2-year residence leading to unconditional permanent residence.
- Sponsorship required
- No
- Leads to permanent residency
- Yes
Overview
The EB-5 immigrant investor program grants conditional permanent residence for qualifying investment in a new US commercial enterprise. The EB-5 Reform and Integrity Act of 2022 set the standard minimum investment at USD 1,050,000, reduced to USD 800,000 for Targeted Employment Areas (TEAs) and infrastructure projects. Set-aside visa categories (rural, high-unemployment, infrastructure) provide faster pathways for qualifying regional-center projects.
Guidance by nationality
Specific information for applicants from these countries. Don’t see yours? The general eligibility criteria above apply to everyone.
Chinese applicants
Chinese nationals have historically been the largest EB-5 cohort but face significant per-country backlogs in the reserv…
Indian applicants
Indian EB-5 interest surged as H-1B-to-green-card timelines lengthened. Rural set-aside filings are the typical accelera…
South Korean applicants
South Korean EB-5 applicants are a consistent cohort. The lower US Treasury reporting burden on Korean-source funds (com…
Brazilian applicants
Brazilian EB-5 demand has grown substantially with BRL weakness and US property/equity opportunities. Source-of-funds tr…
Eligibility
Typical criteria
- ✓Minimum qualifying investment of USD 1,050,000, or USD 800,000 in a Targeted Employment Area or infrastructure project.
- ✓Investment into a new commercial enterprise (formed or restructured post 29 November 1990).
- ✓Creation of at least 10 full-time US jobs (directly, or indirectly if invested through a regional center).
Common blockers
- !Insufficient documentation of lawful source and path of funds.
- !Investment loaned on non-arm’s-length terms or not truly at risk.
Typical evidence
- ·Bank statements, tax returns, and loan documents tracing source of funds.
- ·Business plan compliant with Matter of Ho for direct cases.
- ·Private-placement memorandum and escrow agreements for regional-center cases.
Application pathway
Select project and file I-526E (regional-center) or I-526 (direct)
Investor files petition demonstrating capital at risk and job creation.
Obtain conditional permanent residence
Adjust status or consular process once priority date is current.
File I-829 within 90 days before conditional residence expires
Demonstrate job creation and sustained investment.
Receive unconditional permanent residence
Pathway to naturalisation follows.
Official application links
Where to actually go next
These are the official pages to use for this route. Open them before preparing documents: the forms, fees, appointment systems, and sponsor steps can change without warning.
- ApplyApplicantFile EB-5 investor petition ↗
Investors use Form I-526 or I-526E to request EB-5 immigrant investor classification.
U.S. Citizenship and Immigration Services · verified
Fees and processing time
Indicative government fees: I-526/I-526E USD 3,675 (plus the USD 1,000 EB-5 Integrity Fund fee); I-829 USD 3,750 — a federal court vacated the higher April-2024 fees (USD 11,160 / USD 9,525) and USCIS reverted to these amounts on 14 November 2025; a new fee rule is pending, so confirm before filing. Plus regional-center or direct-project fees set privately.. A decision then typically takes 18 months – 4.9 years. Both change over time, so the dedicated pages below carry the itemised breakdown and the current official figures.
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Frequently asked questions
What changed with the EB-5 Reform and Integrity Act (RIA)?+
RIA, signed March 2022, re-authorised the regional-center program, increased oversight, set new minimum investment levels (USD 800,000 TEA / USD 1,050,000 standard), introduced set-aside visa categories (20% rural, 10% high-unemployment, 2% infrastructure), and added integrity measures for regional centers.
Need tailored advice?
We do not provide legal advice. For an application that depends on your exact circumstances, consult a regulator-listed immigration advisor.
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