EB-5 Visa Guide: Requirements, Costs, and How to Apply

The EB-5 visa offers foreign nationals a pathway to U.S. permanent residence through capital investment and job creation. Created by Congress in 1990 to stimulate the American economy. Getting the visa involves obtaining a two-year conditional Green Card, then proving the investment was sustained, and jobs were created in order to receive permanent residence. The total costs, including investment, filing fees, and professional services, is significant and requires years of planning. 

What is the EB-5 visa?

The EB-5 visa is an employment-based immigrant visa that allows foreign investors and their immediate family members to obtain permanent residence (a Green Card) by investing in a business or commercial enterprise that creates or preserves American jobs. 

The program was established through the Immigration Act of 1990 to stimulate economic growth through capital investment and job creation.

The minimum investment amount to qualify for the EB-5 is $800,000 for projects in targeted employment areas (TEAs) or $1,050,000 for investments in other areas.

The EB-5 visa falls under the fifth preference category of employment-based immigrant visas, with Congress allocating approximately 10,000 visas annually for the program. This allocation includes visas for investors and their eligible family members (spouses and unmarried children under 21).

What are the requirements for an EB-5 visa?

The EB-5 program has specific financial and business requirements that every investor must meet to qualify for permanent residence.

Investment requirements

• Minimum capital investment: EB-5 applicants must invest at least $1.05 million in a new commercial enterprise, or $800,000 if the investment is in a targeted employment area. 
• New commercial enterprise: The investment must be in either a for-profit business formed after Nov. 29, 1990, or an older business that was restructured to create a new commercial enterprise. This can include a sole proprietorship, partnership, corporation, or other business entity.
• Active investment: The capital must be placed “at risk” to generate a return. The investment must remain “at risk” throughout the conditional residence period, meaning it cannot guarantee returns. There must be a chance of losing the investment. Passive investments, such as undeveloped land purchased only for speculation, do not qualify.

Job creation requirements

• Ten full-time positions: The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years. Part-time positions cannot be combined to meet this threshold.
• Qualifying employees: Full-time employment means a position that requires at least 35 working hours per week. The employees must be U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States. The investor and their immediate family are excluded.
• Direct vs. indirect jobs: Jobs can be created in two basic ways, through direct or regional center investments. Direct investments must create at least 10 jobs for the new business, as documented with payroll records. When going through a regional center, the EB-5 visa holder can create jobs indirectly by providing money to an entity that invests in other businesses. Job creation is then based on economic modeling.

Source of funds requirements

• Lawful source: Investors must demonstrate that their funds were obtained lawfully. This requires comprehensive documentation, which may include tax returns, business records, property sales, inheritance documentation, gifts, or loan proceeds.
• Path of funds: Investors must provide financial documentation that traces the money from its lawful source through to the investment, showing each transfer and conversion clearly.

Application and documentation requirements

• Form I-526 or I-526E: All investors must file a petition demonstrating they meet program requirements before conditional permanent residence can be granted.
• Comprehensive business plan: The petition must include a detailed business plan showing how the enterprise will create the required jobs.

Costs of an EB-5 visa

Beyond the investment amount itself, EB-5 applicants face substantial filing fees, administrative costs, and professional service expenses. Understanding the full financial commitment is essential for proper planning. Please note that the amounts below fluctuate based on currency exchange rates.

Required USCIS application fees for EB-5

Add a sentence here to give the estimated total cost of the required fees.

Fee category	USD	INR (approx.)	MXN (approx.)	BRL (approx.)	Description
Form I-526/I-526E filing fee	$3,675	₹330,000	$67,250	R$19,500	Immigrant petition by a standalone investor
Form I-526E Integrity Fund fee	$1,000	₹90,000	$18,000	R$5,500	Additional fee for filing I-526E
Form I-485 filing fee (per person)	$1,440 (by mail) or $1,390 (online)	₹121,500	$28,900	R$8,300	Adjustment of status application; includes biometrics fee
Form DS-260 fee (if consular processing)	$345	₹29,100	$6,900	R$2,000	Immigrant visa application per person
Medical examination	$200-$500	₹16,900-₹42,200	$4,000-$10,000	R$1,150-R$2,900	Required per applicant
Form I-829 filing fee	$3,750	₹339,900	$68,625	R$19,900	Petition to remove conditions

Investment amounts

Fee category	USD	INR (approx.)	MXN (approx.)	BRL (approx.)	Description
TEA investment minimum	$800,000	₹67,500,000	$16,050,000	R$4,620,000	Required capital at risk
Non-TEA investment minimum	$1,050,000	₹88,600,000	$21,070,000	R$6,060,000	Required capital at risk

Common additional costs

Fee category	USD	INR (approx.)	MXN (approx.)	BRL (approx.)	Description
Regional center administrative fee	$40,000-$60,000	₹3,375,000-5,060,000	$803,000-$1,204,000	R$231,000-346,000	One-time fee (if applicable)
EB-5 immigration attorney fees	$30,000-$50,000	₹2,692,000-₹4,488,000+	$540,000-$900+	R$164,000-R$274,000+	For the entire process
Securities attorney/fund documentation	$10,000-$25,000	₹844,000-₹2,110,000	$201,000-$501,000	R$58,000-R$144,000	Due diligence and review

All costs are approximated as of December 30, 2025.

The administrative fees for regional center projects vary significantly depending on the specific offering and may include ongoing management fees. Carefully review fee structures before committing capital.

EB-5 investment options: direct vs. regional center

EB-5 investors can choose between two primary pathways: direct investment in their own commercial enterprise or investment through an approved regional center. Each approach has distinct advantages and requirements.

Direct EB-5 investments

Direct EB-5 investments involve creating or investing in a new commercial enterprise. The investor must directly create 10 full-time jobs through the business, meaning the employees work directly for them. Payroll records can be used to verify employees.

Direct investments offer complete control over the business operations and strategy. However, they require significant entrepreneurial involvement, business management experience, and the ability to demonstrate direct job creation. This path is often chosen by individuals who want to run their own business and have specific industry expertise.

Regional center investments

Regional centers are entities designated by USCIS to promote economic growth and stimulate regional productivity through increased investment. The Regional Center Program allows investors to pool their capital in approved projects managed by the regional center. Regional center investments usually involve less hands-on management from individuals but require careful due diligence of the regional center’s track record, project viability, and financial structure.

Instead of calculating jobs created directly by an investor, regional center projects may use economic models to calculate indirect and induced job creation. This broader job-counting method often makes it easier to meet the 10-job requirement. Investors typically have a passive role, with professional managers operating the business.

💡Trying to understand your investment options for the EB-5 visa? An experienced EB-5 immigration attorney can help.

Understanding targeted employment areas (TEAs)

Targeted employment areas (TEAs) are geographic or political subdivisions that have been designated as either rural or high-unemployment areas. TEA designation reduces the minimum investment threshold from $1.05 million to $800,000.

Beyond the reduced investment amount, certain TEA categories receive priority allocation of EB-5 visas, which can significantly reduce processing times.

TEA investment type	EB-5 visa allocation	Estimated annual EB-5 visas
Rural	20%	2,000
High-unemployment	10%	1,000
Infrastructure project	2%	200

Rural projects

Twenty percent of the annual EB-5 visa allocation (approximately 2,000 visas annually) is reserved for investments in rural areas. This set-aside, combined with historically lower demand for rural projects, often results in faster processing times and current priority dates for rural investors.

A rural area is generally defined as any area outside a city or town with a population greater than 20,000.

High-unemployment areas

Ten percent of EB-5 visas (approximately 1,000 annually) are set aside for investments in high-unemployment areas. While this provides processing advantages over non-TEA investments, the benefit is less pronounced than for rural projects.

A high-unemployment area is one that has experienced unemployment of at least 150 percent of the national average rate.

Infrastructure projects

Two percent of EB-5 visas (approximately 200 annually) are reserved for infrastructure investments, which are capital investment projects administered by a government, including federal, state, or local agencies. These projects involve significant oversight and typically focus on public works, transportation, utilities, or other essential services.

How to apply for an EB-5 visa

The EB-5 application process involves multiple stages. Understanding each helps investors plan appropriately.

Overview of the EB-5 application process:

1. Select investment opportunity: Evaluate direct investment options and regional center projects, conducting thorough due diligence on business viability, job creation plans, and track records.
2. Gather funds documentation: Compile comprehensive documentation proving the lawful origin of investment capital, including tax returns, bank statements, business records, asset sales documentation, gift letters, or loan documents.
3. Make the required investment: Transfer the minimum capital amount ($800,000 or $1,050,000) into the new commercial enterprise, ensuring funds are properly placed “at risk.”
4. File Form I-526 or I-526E: Submit the correct Immigrant Petition with USCIS. Use Form I-526 for direct investments or Form I-526E for regional center investments.
5. Wait for I-526 approval: USCIS review of the petition typically takes 30-50 months based on recent processing times. TEA projects may process faster.

EB-5 processing times

As of December 2025, Form I-526 can take 29.5 months or more for USCIS to process. Form I-526E can take 16 months or longer.

Applying for adjustment of status (Green Card application) can take 10-28 months or longer because of the processing time required for Form I-485. If you go through consular processing, wait times differ by consulate.

To transition from conditional to permanent residence, USCIS processing of Form I-829 currently takes 45 months or longer (your status extends automatically while pending).

Wait times change over time, though, so make sure to check the latest USCIS processing times.

Can I get a Green Card from an EB-5 visa?

Yes, the EB-5 program can lead to permanent residence (a Green Card), but the process involves an initial conditional residence period followed by removal of conditions.

Steps from conditional residence to permanent green card:

1. Obtain conditional permanent residence: Upon approval of Form I-485 or completion of consular processing after I-526E approval, you receive a conditional Green Card valid for two years. This card grants you the right to live and work in the U.S.
2. Maintain your investment: Throughout the conditional residence period, you must keep your capital invested and at risk.
3. Create the required jobs: Ensure your business creates or preserves at least 10 full-time jobs within the required two-year period.
4. File Form I-829: You must file Form I-829 90 days before the two-year conditional residence period expires.
5. Submit evidence of investment and job creation: Include documentation showing the investment remained at risk, the business operated as planned, and the qualifying jobs were created.
6. Receive permanent Green Card: Upon I-829 approval, USCIS removes the conditions on lawful permanent residence, meaning you’re officially a permanent resident. Your status doesn’t expire, but your Green Card will need to be renewed every 10 years.

Get answers to your EB-5 questions

The EB-5 visa process is one of the most complex in U.S. immigration law. It requires not only a substantial investment but also significant documentation and financial records. The program is heavily scrutinized, so even small errors can delay or derail your case. It’s important to have an experienced immigration attorney by your side.

Manifest Law attorneys have expertise on the entire EB-5 experience, covering initial petition and financial documentation all the way through the final Green Card steps. We also offer transparent fees so you don’t have to wonder where your money is going.

Don’t delay your visa any longer. Request a free consultation today.

EB-5 visa FAQs

Do EB-5 investors get their money back?

There’s no guarantee of getting money back. EB-5 visas require that investment capital remains “at risk” throughout the conditional residence period. However, after successfully removing conditions through Form I-829, the capital may be returned according to the terms of the investment agreement. An attorney can talk you through investment timelines.

Are investors’ dependents eligible for an EB-5 visa?

Yes, EB-5 applicants can include their spouse and unmarried children under age 21 as derivative beneficiaries on Form I-526 and Green Card applications. Derivative family members receive the same immigration status as the principal investor.

How long does the EB-5 process take from investment to Green Card?

The complete timeline from making an investment to receiving a permanent Green Card can range from five to 10 years for investors from countries without backlogs, though this varies based on several factors. It is important to monitor the Visa Bulletin for availability of Green Cards under the EB-5 category. 

Do I have to live where I invest under EB-5?

No, EB-5 investors are not required to live in the same location as their investment or business. Once you receive your conditional or permanent Green Card, you can live, work, and travel anywhere in the United States. However, you must maintain a permanent residence in the country.

Can I use a loan or a gift for my EB-5 investment?

Yes, both loans and gifts are acceptable sources of EB-5 investment capital, provided you can document their lawful origin and they meet specific requirements. Loans must come from the investor’s own assets, with all loans, loan collateral, and gifts coming from legal sources. The investor must be personally and primarily liable for the loan.

Are there other investor immigration options?

Yes, several other paths to U.S. immigration exist for foreign investors and entrepreneurs. The E-2 treaty investor visa allows nationals of treaty countries to temporarily enter the United States to develop and direct a business in which they have invested substantial capital.  The L-1A visa permits multinational companies to transfer executives or managers to U.S. operations.