The EB-5 program offers one of the most direct routes to U.S. permanent residence for foreign investors and their families—but timing matters more than ever in 2026, with the September 30, 2026 grandfathering deadline approaching and the Regional Center Program authorization set to expire one year later.
Key Takeaways
- The EB-5 green card allows foreign investors and immediate family members to pursue U.S. permanent residence through a qualifying investment that creates or preserves at least 10 full-time U.S. jobs.
- Minimum investments are $800,000 for Targeted Employment Areas (TEAs) and $1,050,000 for non-TEA projects.
- Processing times vary substantially—rural TEA projects have been processing I-526E approvals in approximately 8–12 months, while urban or non-rural projects often take 24–36+ months.
- Total costs include investment capital, USCIS filing fees, regional center administrative fees (typically $50,000–$80,000 for Regional Center investments), and attorney fees.
- Investors who want grandfathering protection under the EB-5 Reform and Integrity Act of 2022 must file Form I-526E by September 30, 2026.
Understanding the EB-5 Investor Green Card
The EB-5 Immigrant Investor Program allows qualified investors and their families to secure green cards through job-creating investments in American businesses. Congress significantly updated the program with the EB-5 Reform and Integrity Act of 2022 (RIA), which reauthorized the Regional Center Program through September 30, 2027, raised investment thresholds, strengthened compliance rules, and introduced visa set-asides for specific project types. Chary Law represents EB-5 investors across direct and Regional Center pathways.
EB-5 Minimum Investment Requirements
The minimum investment depends on project location. Investments in Targeted Employment Areas (TEAs) require $800,000; projects outside TEAs require $1,050,000. A TEA includes rural areas, infrastructure projects, or regions with unemployment rates at least 150% of the national average.
Most EB-5 investors choose TEA investments for the lower capital requirement. Rural TEA investments process significantly faster than urban or non-TEA counterparts—a meaningful strategic advantage for investors seeking expedited processing. Investment thresholds are subject to inflation adjustments at intervals set by the RIA, with the next adjustment scheduled for January 1, 2027.
Beyond the threshold, EB-5 capital must remain “at risk” throughout the conditional residency period. There is no guarantee of return of capital; guaranteed returns or redemption agreements would disqualify the investment. The investment must also create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.
EB-5 Processing Times by Project Type
Processing times vary based on project type, the investor’s country of birth, and whether the investor is applying from inside or outside the United States.
Rural EB-5 projects have been receiving I-526E approvals in approximately 8–12 months, while non-rural projects post-RIA have generally taken 24–36 months. The rural advantage stems in part from the RIA’s set-aside visa categories, which have remained current in the Visa Bulletin for rural projects.
After filing the I-526E petition, investors currently in the U.S. on valid visas may be able to file Form I-485 for adjustment of status concurrently, depending on visa-number availability for their country of chargeability. Most concurrent-filing applicants receive Employment Authorization Documents and Advance Parole travel permits within 2–6 months of filing, allowing work and travel while awaiting the conditional green card.
For investors outside the United States, the process involves consular processing after I-526E approval. The U.S. consulate or National Visa Center generally provides additional information within roughly 1–1.5 months. If the priority date is current, an interview can typically be scheduled within 2–3 months of NVC review. The final stage—Form I-829 to remove conditions on permanent residence—has been processing in roughly 22–48.5 months.
Investors from China and India face longer waits due to per-country visa caps, with delays of several years possible depending on country of birth and project category.
Total Cost Breakdown for the EB-5 Green Card
Investment Capital
The core requirement is $800,000 for TEA projects or $1,050,000 for non-TEA projects. While technically an investment rather than a fee, investors must be prepared for the capital to remain at risk for the duration of conditional residency.
USCIS Filing Fees
Following a November 2025 federal court order, certain EB-5-specific filing fees reverted to pre-April 2024 amounts. As of recent USCIS guidance, the Form I-526E filing fee is $3,675, and the EB-5 Integrity Fund fee under the RIA is $1,000 for initial I-526E filers, totaling $4,675. The Form I-829 fee reverted to its pre-April 2024 amount per the court order; investors should verify current fees directly on USCIS.gov before filing. Form I-485 (Adjustment of Status) is $1,440 per person aged 14 and older. Verify amounts on the USCIS Fee Calculator and Fee Schedule before filing.
Regional Center Administrative Fees
Most EB-5 investors choose Regional Center investments. Regional center administrative fees typically range from $50,000 to $80,000, covering project management and EB-5-related administration.
Attorney Fees
Immigration attorney fees for EB-5 vary with case complexity but typically represent a relatively small share of total costs compared with the investment amount. Fees are usually paid in stages throughout the process—I-526E preparation, RFE responses (if any), I-485 or consular processing, and I-829 removal of conditions.
Additional Expenses
Investors should also budget for document translation services, travel for consular interviews, business plan preparation costs (where applicable), and potential responses to evidence requests.
The September 30, 2026 Grandfathering Deadline
Time sensitivity matters for prospective EB-5 investors. The Regional Center Program is currently authorized through September 30, 2027. However, under the EB-5 Reform and Integrity Act of 2022, any investor who files Form I-526E before September 30, 2026, receives statutory protection: USCIS must continue adjudicating the petition (and processing related family members and the eventual I-829) regardless of whether the program lapses or expires.
Investors who file after September 30, 2026, do not receive that grandfathering protection. If Congress fails to reauthorize the program when its current authorization ends on September 30, 2027, post-deadline petitioners face the kind of uncertainty seen during the 2021 Regional Center lapse. Given current preparation timelines—source-of-funds documentation alone often takes several months—investors who want grandfathering protection should begin well before mid-2026.
Frequently Asked Questions About EB-5
Is the $800,000 EB-5 investment refundable?
No. EB-5 capital must remain at risk throughout conditional residency. There is no guarantee of return of capital, and guaranteed-return arrangements would disqualify the investment. After successful completion of the program—including I-829 approval—investors typically have the opportunity for capital return based on the project’s financial performance, but this is not guaranteed.
How many jobs does my EB-5 investment have to create?
At least 10 full-time positions for qualifying U.S. workers within two years of the investor’s admission as a conditional resident. Regional Center investments allow indirect and induced job creation to count, calculated through approved economic models—a meaningful advantage over direct investments, which generally count only direct full-time jobs.
What’s the difference between direct EB-5 and Regional Center EB-5?
Direct EB-5 requires the investor to actively manage a new commercial enterprise that directly creates 10 jobs. Regional Center EB-5 allows passive investment in a USCIS-approved Regional Center project, with indirect and induced jobs counting toward the 10-job requirement. Most investors choose Regional Center participation for the passive structure and broader job-counting rules.
Can my family come with me on EB-5?
Yes. Spouses and unmarried children under 21 are eligible as derivative beneficiaries. Each derivative pays separate Form I-485 (or DS-260) fees, but no separate $800,000 or $1,050,000 investment is required.
What happens if the Regional Center Program lapses again?
Investors who filed I-526E petitions on or before September 30, 2026, are protected by the RIA’s grandfathering provision and continue through adjudication regardless of the program’s status. Investors who file after that date face uncertainty if Congress allows the program to lapse without reauthorization. The direct EB-5 program (Form I-526) was permanently authorized by the Immigration Act of 1990 and is not subject to the same Regional Center sunset risk.
If you’re considering EB-5 and want help with timing, project selection, and source-of-funds preparation before the September 30, 2026 grandfathering deadline, contact Chary Law to schedule an initial consultation.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice. Immigration laws, USCIS policies, processing times, filing fees, and eligibility criteria are subject to change. Individuals considering any immigration matter should consult a qualified immigration attorney for advice specific to their situation. Prior results do not guarantee similar outcomes.
