EB-5 Core Eligibility
EB-5 Visa Requirements
The principal statutory requirements for obtaining permanent residence through investment under INA §203(b)(5).
Direct answer
What the governing framework requires
A current EB-5 investor generally must invest the required amount of lawfully obtained capital in a qualifying U.S. new commercial enterprise, place qualifying capital at risk, satisfy the applicable management requirement, and establish creation of at least 10 full-time jobs for qualifying U.S. workers. Regional center and standalone cases use different petition structures and job creation rules.
01 · Capital
The investor must make the required qualifying investment
For petitions filed in 2026, INA §203(b)(5)(C) sets the general investment amount at $1,050,000 and the reduced amount at $800,000 for a targeted employment area or qualifying infrastructure project.
The statute provides for the first automatic inflation adjustment beginning January 1, 2027.
02 · Lawful Capital
The investor must establish that the capital was obtained through lawful means
Current Forms I-526 and I-526E require detailed evidence concerning the lawful source of invested capital and certain administrative fees and costs.
Gifted or borrowed capital can require evidence concerning the donor or nonbank lender.
03 · New Commercial Enterprise
The investment must be made in a qualifying U.S. new commercial enterprise
Current law defines the new commercial enterprise as a U.S. for-profit organization formed for the ongoing conduct of lawful business that receives or is established to receive EB-5 capital.
04 · Investment
The investor must genuinely place qualifying capital at risk
Capital subject to guaranteed returns, mandatory redemption, or certain contractual repayment rights can fail the EB-5 investment requirement.
The transaction documents should be reviewed before funds are committed.
05 · Job Creation
The enterprise must create the required employment
The statute requires full-time employment for not fewer than 10 qualifying workers.
Standalone investors generally rely on direct employment while regional center investors may use qualifying direct and indirect job creation under the post-RIA rules.
06 · Immigration Process
Approval of an investor petition is not the final immigration step
After Form I-526 or I-526E approval and visa availability, the investor proceeds through adjustment of status or immigrant visa processing.
EB-5 residence is initially conditional and later requires Form I-829 to remove conditions.
Questions and answers
Frequently asked questions
How much money is required for EB-5 in 2026?
The current statutory amounts are $1,050,000 generally and $800,000 for qualifying targeted employment area or infrastructure investments.
How many jobs must an EB-5 investment create?
The statute generally requires at least 10 full-time jobs for qualifying workers.
Does EB-5 require lawful source of funds evidence?
Yes. The investor must establish that invested capital was obtained through lawful means.
Can EB-5 capital be guaranteed?
Guaranteed return or contractual repayment arrangements can prevent the capital from satisfying EB-5 requirements.
Does every investor file Form I-526E?
No. Standalone investors use Form I-526, while investors pooling EB-5 investments through the Regional Center Program generally use Form I-526E.
Is the first EB-5 Green Card permanent without conditions?
No. EB-5 investors and qualifying derivatives initially obtain conditional permanent resident status and later seek removal of conditions.
Case-specific review
Review the complete EB-5 structure before investing
A legal review can identify investment, source of funds, job creation, project, and immigration issues before filing.
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