US EB-5 immigrant investor visa

Who the EB-5 visa is for

EB-5 suits high-net-worth individuals and families who want US permanent residence without needing a US employer to sponsor them or a prior US business. There is no age limit, no requirement to speak English, no points test and no need to manage the business day to day if you invest through a Regional Center.

• Investors who can commit $800,000-$1,050,000 of lawfully-sourced capital genuinely at risk
• Families wanting green cards together - the investor's spouse and unmarried children under 21 are included on the same petition
• People who cannot obtain an employment-sponsored or family-based green card and want a faster, self-directed route
• Investors comfortable that capital is at risk with no guaranteed return, in exchange for permanent residence

Investment options and thresholds

The amount you must invest depends on where the project sits. A Targeted Employment Area (TEA) is a rural area or an area of high unemployment (at least 150% of the national average); investing in a TEA - or in a designated infrastructure project - sets the minimum at $800,000. Any other location requires the standard $1,050,000. These figures were fixed by the RIA for petitions filed on or after 15 March 2022 and will next rise on 1 January 2027.

You can invest in one of two structures. A direct investment means you put capital into your own new commercial enterprise and are responsible for creating the 10 jobs directly. A Regional Center investment means you invest into a USCIS-designated entity that pools many investors into a larger project (often a real-estate development) and can count indirect and induced jobs, which makes the job-creation requirement far easier to satisfy. Most passive investors use Regional Centers.

• $800,000 - Targeted Employment Area (rural or high-unemployment) or infrastructure project
• $1,050,000 - standard, for projects outside a TEA
• Direct investment - your own enterprise, only direct jobs count
• Regional Center investment - pooled project, indirect/induced jobs count (the common choice)
• Capital can be cash, equipment, inventory or other tangible property, and must be lawfully sourced and fully traceable

The property angle - and its limits

This is the point most often misunderstood. EB-5 is not a "buy a house, get a green card" scheme. Purchasing a home, a buy-to-let flat or land for personal use does not qualify: passive real estate creates no qualifying jobs and is not an at-risk active enterprise. Search terms like "USA green card by investment real estate" almost always point to development projects, not home purchases.

What does qualify - and dominates the EB-5 market - is real-estate DEVELOPMENT. Building or substantially renovating hotels, apartment blocks, senior-living, student housing and mixed-use schemes generates large numbers of construction and operational jobs. Investors typically access these through a Regional Center, which pools EB-5 capital into the development's financing stack. So real estate is central to EB-5, but as job-creating development you invest in, not as a property you buy and hold.

• Buying a home or rental property for your own account does NOT qualify for EB-5
• Real-estate DEVELOPMENT projects (construction/renovation) are the most common EB-5 vehicle
• These are usually accessed via a Regional Center, which counts the jobs the build creates
• You are buying into a job-creating project's capital stack, not acquiring a title deed to live in

Application process and timeline

The journey has three stages. First, you make the investment and file the initial petition - Form I-526E for a Regional Center project or Form I-526 for a direct investment - with evidence that your capital is lawfully sourced, at risk, and will create 10 jobs. Second, once approved (or, if you are already lawfully in the US, concurrently under the RIA), you obtain a 2-year conditional green card via consular processing abroad or adjustment of status (Form I-485) inside the US. Third, in the 90 days before the conditional card expires you file Form I-829 to remove conditions, proving the investment was sustained and the jobs created, after which you receive a permanent (10-year, renewable) green card.

Timelines vary widely by project type, the investor's country of birth (visa backlogs) and USCIS processing. Set-aside categories (rural, high-unemployment, infrastructure) currently move faster than the unreserved category. Concurrent filing lets US-based applicants obtain work and travel authorisation while the I-526E is pending.

• Step 1 - Invest and file I-526E (Regional Center) or I-526 (direct) with a lawful-source-of-funds package
• Step 2 - Obtain the 2-year conditional green card via consular processing or adjustment of status (I-485)
• Step 3 - File I-829 in the final 90 days to remove conditions and secure the permanent green card
• Concurrent filing (I-485 + I-765 + I-131) available to those already lawfully in the US
• Set-aside (rural/high-unemployment/infrastructure) petitions currently face shorter waits

What EB-5 gives you - residence, family, path to citizenship

A successful EB-5 gives the investor, their spouse and unmarried children under 21 US lawful permanent residence - green cards - with the right to live, work, study and retire anywhere in the United States. Green-card holders are taxed as US residents on worldwide income, so UK investors should take cross-border tax advice before filing.

After holding the permanent green card for five years (and meeting physical-presence and good-character rules) the investor and family can apply to naturalise as US citizens. Unlike temporary work visas, EB-5 is not tied to an employer, so the residence does not lapse if the business relationship changes, provided the investment and jobs were sustained through the I-829 stage.

• Green cards for the investor, spouse and unmarried children under 21
• Freedom to live, work, study and retire anywhere in the US - not tied to an employer or state
• Path to US citizenship after five years of permanent residence (subject to residence and character tests)
• Green-card holders are taxed on worldwide income - obtain UK/US cross-border tax advice first

Costs and fees

The investment itself is $800,000 or $1,050,000. On top of that sit several non-refundable costs: USCIS filing fees for the I-526E/I-526, I-485 (or consular processing and immigrant-visa fees), and the later I-829; the RIA's EB-5 Integrity Fund fee; Regional Center administration and subscription fees; and professional fees for immigration counsel and a lawful-source-of-funds report. Budget well beyond the headline investment for these items, and treat the investment capital as genuinely at risk with no guaranteed return.

• Qualifying investment: $800,000 (TEA/infrastructure) or $1,050,000 (standard)
• USCIS filing fees for I-526E/I-526, I-485 or consular processing, and I-829
• EB-5 Integrity Fund fee introduced by the RIA
• Regional Center administrative/subscription fees (project-dependent)
• Legal fees and a professional source-of-funds report
• Capital is at risk - no guaranteed return or redemption is permitted

Recent changes (2022 reform and 2026 position)

The EB-5 Reform and Integrity Act of 2022 is the defining recent change. Signed on 15 March 2022, it reset the minimums to $800,000/$1,050,000, reauthorised the Regional Center Program through 30 September 2027, created the rural/high-unemployment/infrastructure set-asides, enabled concurrent adjustment-of-status filing, and imposed audits, an Integrity Fund and tighter oversight of Regional Centers.

As of September 2026 those thresholds still stand, with the first scheduled inflation adjustment due on 1 January 2027. Rural and other set-aside projects continue to offer the shortest processing routes, and concurrent filing remains a major draw for applicants already in the US.

• RIA signed 15 March 2022 - the current legal framework
• Minimums $800,000 / $1,050,000; first inflation adjustment due 1 January 2027
• Set-aside categories (20% rural, 10% high-unemployment, 2% infrastructure) still active
• Regional Center Program authorised through 30 September 2027
• Concurrent filing and Integrity Fund measures remain in force