EB-5 allows qualified investors who make a qualifying investment to pursue U.S. Green Cards without relying on employer sponsorship or a visa lottery. Initial government charges for a regional center Form I-526E petition increase from $4,675 to $8,950 on November 30, 2026, and minimum investment amounts are scheduled for an inflation adjustment on January 1, 2027.
U.S. immigration policy is changing quickly. In recent months, foreign nationals have faced new uncertainty over H-1B rules, employer-sponsored Green Card applications, and increased scrutiny of adjustment of status. For many families, the path to permanent residence now depends on decisions made by employers, immigration agencies, and the courts.
Through all of this, EB-5 remains one of the clearest paths to U.S. permanent residence. EB-5 allows qualified investors who make an investment that supports U.S. job creation to pursue Green Cards for themselves, their spouses, and their unmarried children under 21, without relying on employer sponsorship or a visa lottery.
But EB-5 also faces changes of its own. Initial government charges for regional center investor petitions will increase on November 30, 2026, and minimum investment amounts are scheduled for an inflation adjustment on January 1, 2027. For investors who are considering EB-5, waiting could mean a significantly higher cost.
At the same time, employer-sponsored Green Card plans have become less predictable. In October, the Department of Labor stopped accepting new PERM labor certification applications and processing pending ones involving Microsoft, Adobe, and six other major employers. For affected employees, that raised new questions about when their Green Card cases could move forward.
“Investors still have time to file at today’s costs, but they need to start preparing now,” said Sam Silverman, managing partner of EB5AN. “Retain an experienced immigration attorney and begin gathering your source-of-funds documents. That work takes time, and starting early gives you room to review EB-5 projects carefully and file a complete petition before the increases take effect.”
In This Article
Employer-Sponsored Green Card Plans Face New Uncertainty
How EB-5 Offers an Independent Route to a Green Card
Two Upcoming Changes Will Increase EB-5 Costs
EB-5 Visa Availability Depends on the Investment Category
Adjustment of Status Can Offer Another Option
A Strong EB-5 Petition Takes Time to Prepare
Plan Your EB-5 Green Card Before Costs Rise
Employer-Sponsored Green Card Plans Face New Uncertainty
The October PERM suspension affects Microsoft, Adobe, Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies, and Capgemini. Officials said they would stop accepting new labor certification applications and processing pending ones involving these employers. The restriction does not affect PERM filings nationwide, but it shows how a government decision can interrupt an employer-sponsored Green Card plan.
The announcement did not cancel existing H-1B status or previously approved I-140 petitions. Its practical effect depends on where an employee is in the Green Card process. An employee with a pending PERM application may have different options from someone with an approved I-140 or an adjustment application already pending. EB5AN’s guide to the PERM freeze explains the options, including changing employers and considering an independent immigration route.
Other policy changes have created uncertainty of their own. Courts have blocked collection of the administration’s disputed $100,000 payment requirement for certain new H-1B petitions, even after an attempt to extend the policy in September. The payment is not currently required, although litigation remains ongoing. The broader risk is the same: employer-sponsored immigration can be affected by decisions outside the employee’s control.
How EB-5 Offers an Independent Route to a Green Card
EB-5 does not require a job offer, PERM labor certification, or an employer-sponsored I-140. Instead, the investor must make a qualifying investment with lawfully obtained capital and meet the program’s job-creation requirements. Each investment must support at least 10 qualifying full-time U.S. jobs. Regional center investments can count jobs calculated through accepted economic models.
Can an H-1B Professional Explore EB-5?
An H-1B professional can explore EB-5 while continuing to work for their current employer and pursuing an existing employer-sponsored immigration case. Once the investor and eligible family members receive Green Cards, they can live and work in the United States without relying on H-1B sponsorship.
EB-5 Still Carries Investment and Immigration Risk
Independence from employer sponsorship does not eliminate investment or immigration risk. EB-5 capital must be at risk under the program’s rules, the project must create the required jobs, and an approved petition does not guarantee that the investor will recover the money. Both the project’s financial structure and its immigration record deserve careful review.
Two Upcoming Changes Will Increase EB-5 Costs
November 30, 2026: The Cost of Filing Form I-526E Goes Up
Under the final DHS fee rule, the filing fee for an initial regional center investor Form I-526E increases from $3,675 to $7,850 on November 30, 2026. The separate EB-5 Integrity Fund fee rises from $1,000 to $1,100. Together, those government charges increase from $4,675 to $8,950—a difference of $4,275 for each initial investor petition. The new I-526E filing fee already includes a $75 technology charge.
The new fee schedule applies to petitions postmarked on or after November 30. It does not raise the required investment itself, nor does it include attorney fees, regional center administrative charges, or later immigration application fees. A complete petition postmarked before that date can use the current fees, but the deadline is no reason to compromise the quality of a filing.
January 1, 2027: The Minimum Investment Is Scheduled to Rise
The larger change comes on January 1, 2027. The EB-5 Reform and Integrity Act of 2022 requires an inflation adjustment to minimum investment amounts. Currently, the minimum is $800,000 for qualifying rural and high-unemployment targeted employment area (TEA) projects and eligible infrastructure projects. The standard minimum for other projects is $1,050,000.
The final 2027 amounts have not been announced. Based on current projections, the TEA and infrastructure minimum could rise to $900,000 or $937,500, and the standard minimum to approximately $1.2 million or $1.25 million. The difference depends in part on how the required inflation adjustment and rounding are applied. EB5AN’s analysis of the investment increase explains the estimates; investors should not treat either projection as an official USCIS amount.
The two deadlines affect investors differently. An investor filing in December would face the higher Form I-526E charges but could still qualify for the current $800,000 TEA minimum if the petition meets the applicable requirements before January 1. Someone waiting until January could face both increases: $4,275 more in initial government charges and an estimated $100,000 to $137,500 more in required TEA investment capital. The filing date, not merely the date funds are transferred, is central to determining the applicable investment threshold.
EB-5 Visa Availability Depends on the Investment Category
The November 2026 Visa Bulletin lists the EB-5 rural, high-unemployment, and infrastructure reserved visa categories as current for all countries, including China and India. The unreserved EB-5 category, by contrast, has cutoff dates for both countries. That makes the reserved categories potentially attractive to investors facing long waits in other employment-based Green Card routes. A current visa category, however, does not mean immediate petition approval or an immediate Green Card.
Rural and High-Unemployment EB-5 Projects: Priority Processing and Visa Allocation
Rural EB-5 investor petitions receive statutory priority processing. High-unemployment area (HUA) projects have a separate reserved visa allocation but do not receive that same rural processing benefit. Investors need to consider both stages—the time USCIS takes to decide their petition and the availability of a visa when they are ready for a Green Card. Neither category guarantees a particular timeline.
Recent filing data also point to stronger demand for rural investments, raising the possibility that rural visas could become backlogged before HUA visas. Some projects qualify as both rural and high-unemployment TEAs. For investors born in China or India, dual-TEA qualification may be worth considering because it could provide another reserved visa option if one category develops a cutoff. Whether that is available in a particular case requires an attorney’s assessment.
Adjustment of Status Can Offer Another Option
Eligible investors already in the United States may be able to file Form I-485 concurrently with Form I-526E when a visa is available. They may also request an Employment Authorization Document and advance parole while the adjustment application is pending. Filing those applications does not itself authorize employment or travel, and it does not ensure approval.
USCIS’s May 2026 policy memorandum reiterated that adjustment of status involves an exercise of discretion. The memorandum did not close the adjustment route to EB-5 investors, and H-1B remains a dual-intent category. Still, lawful status alone does not guarantee adjustment approval. An investor’s immigration history and individual circumstances need to be reviewed before filing.
For investors outside the United States, consular processing generally follows I-526E approval when a visa is available. Those in the United States should discuss concurrent filing, current status, work authorization, and travel plans with their attorneys before choosing how to proceed.
A Strong EB-5 Petition Takes Time to Prepare
Documenting the source and path of investment funds is often the longest part of EB-5 preparation. An investor may need tax returns, employment records, business documents, bank statements, gift or inheritance records, loan agreements, or property sale documents. USCIS needs evidence that the funds were lawfully obtained and a clear record of how they reached the investment.
Financial records may span years and cross several banks or countries. Some must be translated; others require explanations or replacement documents. Working early with an experienced EB-5 immigration attorney allows time to resolve those issues before the case is filed.
The project should receive equal attention. Investors should review project financing, the capital structure, job-creation projections, construction progress, the developer’s experience, and repayment terms. They should also check the regional center’s record and the status of the project’s Form I-956F. USCIS requires the regional center to file I-956F before an associated investor I-526E can be filed, although the project application need not already be approved. Asking the right questions about the investment is as important as preparing the immigration paperwork.
Starting earlier also leaves room for a realistic filing schedule. USCIS’s Form I-526E instructions describe the supporting evidence and filing requirements. A last-minute filing that lacks key documents, a clear source-of-funds record, or the required project filing can jeopardize the case. Avoiding higher fees is worthwhile, but it should not come at the expense of a sound petition.
Plan Your EB-5 Green Card Before Costs Rise
For families looking beyond employer sponsorship, EB-5 offers a way to pursue U.S. permanent residence while keeping career decisions separate from the Green Card process. The program’s requirements remain substantial, and the choice of project can affect both immigration prospects and the potential repayment of capital.
The two approaching cost increases make this a practical time to evaluate that option. The government charges for an initial I-526E petition rise on November 30, 2026, and minimum investment amounts are scheduled to increase on January 1, 2027. Families considering EB5AN’s available rural and HUA projects should begin with a careful review of their eligibility, funding, and possible filing timeline.
To discuss your options and the next steps toward a U.S. Green Card, schedule a free consultation with EB5AN.