The EB-5 Investor Visa in 2026: A Comprehensive Guide to U.S. Green Cards by Investment

Gaining the right to live and work permanently in the United States is widely considered one of the most challenging immigration goals in the world. The system is highly regulated, oversubscribed, and often dependent on employers, family ties, or rare professional qualifications.

For global investors, however, there is one long-standing alternative that continues to attract attention: the EB-5 Immigrant Investor Program. Unlike most visa categories, EB-5 is built around capital investment rather than sponsorship, offering a direct, though carefully regulated, path to a U.S. Green Card.

This guide explains how the EB-5 program works in 2026, who it is designed for, what the real costs and timelines look like, and what investors should consider before committing their capital.

What Is the EB-5 Investor Visa?

The EB-5 visa is a U.S. immigration program created by Congress in 1990 to encourage international investment and job creation. Under this program, foreign nationals can obtain lawful permanent residence by investing in a qualifying U.S. new commercial enterprise that creates a minimum of 10 jobs for American workers.

The program is administered by U.S. Citizenship and Immigration Services (USCIS) and remains one of the few immigration routes that leads directly to a Green Card, does not require employer sponsorship, and allows investors to include their immediate family members on their petitions.

The Purpose and Evolution of the EB-5 Program

The original intent of the EB-5 program was economic. Lawmakers designed it to channel international capital into areas of the U.S. economy that needed development, particularly rural regions and areas with high unemployment.

In 1992, Congress expanded the program by introducing regional centers, allowing investments to be pooled and jobs to be counted indirectly through economic modeling. This change significantly increased the program’s popularity, and regional centers remain a vital component of the EB-5 program today.

Over time, the program has been further refined through legislation and regulation, such as through the Reform and Integrity Act (RIA) of 2022. While some of the details and rules have evolved, the EB-5 program’s economic mission—one centered on investment, job creation, and regional development—remains unchanged heading into 2026.

2026 Key Facts at a Glance

Before diving into the program’s more minute details, it helps to understand the program’s basic framework.

Here are some numbers that help illustrate the basics:

• Minimum Investment Amount: $800,000 for targeted employment area (TEA) projects; $1,050,000 for non-TEA projects
• Job Creation Requirements: 10 full-time jobs for U.S. workers
• Annual EB-5 Visa Cap: Approximately 10,000 visas
• Minimum Sustainment Time: Two years

These components, which we discuss in greater detail below, form the foundation of the EB-5 program.

Investment Amounts and Targeted Employment Areas (TEAs)

Following the enactment of the RIA, the EB-5 program distinguishes between investments made in standard locations and those made in TEAs.

There are two types of TEAs: 1) rural, defined as an area with a population below 20,000 and which is not located within a metropolitan statistical area, and 2) high unemployment (sometimes referred to as urban), defined as a region located within a metropolitan statistical area which has an unemployment rate of at least 150% of the national average.

Investments in TEAs qualify for the lower $800,000 threshold. Because of this reduced capital requirement, and because many TEA projects are professionally structured, most EB-5 investors in 2026 continue to favor TEA-based investments.

Conversely, non-TEA investments require a higher commitment of $1,050,000 and come with different visa availability implications.

Who Is Eligible for the EB-5 Visa?

One of the reasons EB-5 attracts global interest is its relatively broad eligibility criteria. Unlike other EB visas, EB-5 does not require specific education levels, language skills, or prior business experience.

To qualify, applicants must generally demonstrate that they have done the following:

• Invested, or are actively investing, the required capital
• Invested in a qualifying U.S. new commercial enterprise
• Obtained the funds through lawful means
• Will contribute to the creation of at least 10 full-time U.S. jobs

Additionally, investors do not need to already be in the United States or have secured a job offer in the country.

Central Requirements

Lawful Source of Funds

While the eligibility rules may appear straightforward, source of funds documentation is one of the most demanding aspects of the EB-5 process.

Multiple forms of capital can be used to fund your investment:

• Business income or retained earnings
• Salary or professional compensation
• Sale of real estate or other assets
• Inheritance or gifts from family members
• Loans
• A combination of any of the above

What matters most is the documentation surrounding your capital. USCIS requires investors to clearly trace the origin of their investment capital: The funds must be traceable from their origin through every transfer to the EB-5 investment.

Job Creation

Since job creation is the foundation of the EB-5 program, every EB-5 investment must result in 10 full-time jobs for U.S. workers.

How those jobs are counted depends on the investment type. Direct investments require the business itself to hire and employ workers, while regional center investments may count direct, indirect, and induced jobs using approved economic models.

Because regional centers simplify job creation compliance, they account for the overwhelming majority of EB-5 filings.

Investment Options: Regional Center vs. Direct Investment

As mentioned above, investors typically choose between two main routes: investing directly or through a regional center.

Direct investments involve starting or acquiring a business and directly managing job creation. While this route offers more control, it also carries higher operational responsibility and risk.

Regional center investments, on the other hand, are pooled projects sponsored by USCIS-approved entities. These investments are generally passive and are designed for investors whose primary goal is immigration rather than operating a business.

Benefits of the EB-5 Visa for Investors and Families

The EB-5 visa offers a wide range of benefits once approved:

• Permanent residence in the United States
• Freedom to live, work, or retire anywhere in the country
• No need for employer or family sponsorship
• Access to U.S. public and private education
• Eligibility for Social Security and Medicare (subject to contribution rules)
• A clear path toward U.S. citizenship

Importantly, these benefits extend beyond the investor alone. Investors may include their spouse and their unmarried children under the age of 21 on their applications. All qualifying family members receive Green Cards with the same rights and obligations as the principal applicant.

The EB-5 Application Process, Step by Step

Although timelines vary, based both on an individual’s preferences and background, the EB-5 process generally follows a predictable structure:

• Select and fund a qualifying EB-5 investment
• File the immigrant investor petition (Form I-526E) with USCIS
• Apply for an immigrant visa abroad or adjust status in the U.S.
• Receive a two-year conditional Green Card
• File a petition to remove conditions 90 days before the end of your conditional residency
• Obtain unconditional permanent resident status
• (Optional) Apply to become a naturalized citizen after being a permanent resident for five years

Processing Times and Visa Backlogs

EB-5 processing times depend heavily on the applicant’s country of birth due to annual visa limits. Investors from high-demand countries such as China and India may face longer waits, though this also depends on the project an investor chooses.

In 2026, rural TEA investments are being processed significantly faster than their urban or non-TEA counterparts, making early planning and careful due diligence essential to achieving a timely Green Card.

EB-5 Visa by Country

While the EB-5 rules are uniform globally, processing times and strategy can vary significantly by country of birth. Below are key considerations for major investor groups.

EB-5 for Indian Investors

For Indian nationals, the EB-5 program has become an increasingly popular alternative to the long backlogs in other employment-based Green Card categories.

EB-5 stands out for Indian nationals for several important reasons. It often provides a faster and more predictable path than EB-2 or EB-3, especially when choosing a rural project.

Investors’ spouses and children benefit immediately from permanent residency. Indeed, many Indian families view EB-5 not only as an immigration strategy but also as a long-term education and mobility solution for their children.

EB-5 for Chinese Investors

China has historically been the largest EB-5 applicant pool, which has resulted in longer wait times due to visa retrogression.

As a result, visa availability can significantly affect timelines for Chinese investors, with reserved visa categories offering them particular advantages, since these categories are still current as of January 2026.

Overall, despite potentially longer queues, EB-5 remains one of the few viable immigration options for Chinese investors seeking U.S. permanent residence.

EB-5 for Middle Eastern Investors

With their countries not facing backlogs under any categories, investors from the UAE, Saudi Arabia, Qatar, Kuwait, and other Middle Eastern countries typically benefit from shorter visa wait times, even in the unreserved categories.

This means they have an abbreviated pathway to the myriad benefits U.S. permanent residency offers, including increased employment opportunities and business diversification.

These are just a few of the reasons EB-5 is often used by Middle Eastern families as a long-term security and global mobility strategy.

EB-5 for Other High-Interest Regions

EB-5 offers similar benefits to other regions.

• Latin America: Growing interest due to political and economic volatility
• Africa: Increasing participation, especially among entrepreneurs and professionals
• Europe: Often used as a strategic alternative to business or talent-based visas

The EB-5 program remains open to applicants from all nationalities, with no country-specific exclusions.

Documents Commonly Required

While each case differs, EB-5 applicants typically submit the following documents throughout the application process:

• Passports and civil documents
• Evidence of lawful source of funds, including financial records and tax returns
• Investment and partnership agreements
• Business plans and job creation reports
• USCIS filing receipts

It is paramount that you carefully prepare all of your documentation, particularly around your source of funds, to avoid delays. This is one of the reasons why working with an experienced EB-5 attorney is critical.

Due Diligence Is a Critical Step

Because EB-5 investments must be “at risk” (as discussed in more detail below), due diligence is essential.

Some of the details investors are advised to evaluate include, but are not limited to, the regional center’s track record (including prior USCIS approvals), the likelihood the business will be successful and therefore lead to the required number of jobs being created, and the project’s capital structure and exit strategy.

Due diligence is another area in which experienced partners are invaluable. Professional legal and financial advice play a key role in mitigating risk.

EB-5 Investor Visa FAQs for 2026

Below are the most common questions investors and families ask when considering the EB-5 program. These reflect real concerns seen consistently in recent years.

What Exactly Is the EB-5 Investor Visa?

EB-5 is a U.S. immigrant visa that allows foreign nationals to obtain permanent residency by making a qualifying investment in the U.S. economy. Unlike temporary visas, EB-5 leads directly to a Green Card and, eventually, U.S. citizenship.

How Much Do I Need to Invest for EB-5 in 2026?

As of 2026, the minimum investment amounts are $800,000 if investing in a TEA or $1,050,000 if investing outside a TEA.

These amounts must be invested in an at-risk new commercial enterprise that meets the program’s job creation requirements.

Is the EB-5 Investment Guaranteed?

No. U.S. immigration law requires EB-5 investments to be at risk. This means there can be no guarantee of capital return or immigration approval.

Careful project selection and due diligence are therefore critical.

Can I Take a Loan Out for My EB-5 Investment?

Yes, loans are permitted if they are lawfully obtained and properly documented. The loan must be lawfully obtained and properly documented, and the source of repayment must be clearly explained.

What Is the Most Common Reason EB-5 Applications Are Denied?

EB-5 issues and denials frequently stem from three main problems:

• Inadequate documentation of lawful source of funds
• Incomplete financial tracing
• Weak or non-compliant job creation evidence

Most denials are preventable with proper legal and financial preparation.

Do I Need to Manage a Business in the U.S.?

Not necessarily. Investors who choose regional center projects typically play a passive role, supplying their capital and then receiving updates from the developer and regional center sponsor.

Direct investments, by contrast, require active involvement in business operations.

How Long Does the EB-5 Process Take in 2026?

Timelines vary significantly by country of birth and visa availability.

The minimum required sustainment period is two years, but that doesn’t include the time spent preparing your petition.

For some investors, the full process can take several years from investment to permanent Green Card. However, with set-aside categories currently available, many investors receive approval within months and, through concurrent filing, can begin enjoying the benefits of a Green Card even before it is formally granted.

Meanwhile, capital repayment, which is external to the actual EB-5 process itself, depends on the project’s duration.

Can My Family Apply With Me?

Yes. Your EB-5 application can include you, your spouse, and any unmarried children under 21.

Everyone who applies alongside the principal applicant will receive Green Cards and may live, study, and work in the U.S.

Choosing the Right EB-5 Strategy in 2026

As of 2026, EB-5 is no longer just about “making an investment.” It is about structuring an immigration plan that aligns with family timelines, educational goals, risk tolerance, and long-term residency and citizenship plans.

This is why most successful EB-5 applicants work with experienced immigration professionals who understand both the legal framework and the practical realities of the program.

EB5AN has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States. Our expert team has more than a decade of experience, and we offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about your EB-5 investment options, book a free call with our expert team today.