EB-5 investor green card
EB-5 gives permanent residence to someone who invests $1,050,000, or $800,000 in a targeted employment area, in a U.S. business that creates ten full-time jobs. The investor can go it alone with Form I-526 or invest through a regional center with Form I-526E. Residence is conditional for two years and the conditions are removed on Form I-829.
Who it is for. Individual investors and their spouses and unmarried children under 21.
The forms, in order
- 1
Choose a standalone investment or a regional center project
Regional center investors can count indirect job creation; standalone investors cannot.
- 2
Make the investment and document the lawful source of funds
Source of funds documentation is where most EB-5 cases are won or lost.
- 3
File Form I-526 or Form I-526E
- 4
Adjust status or consular process once a visa number is available
- 5
File Form I-829 to remove the conditions
10.8 months national median in FY 2026, much improved from 49.4 months in FY 2023.
Where it goes wrong
- The capital must genuinely be at risk; guaranteed-return structures do not qualify.
- Source of funds evidence has to trace the money from its origin, which is difficult for investors from countries with weak documentation.
- Legacy I-526 cases filed before the 2022 Act are running at a 94.3-month median.
- Regional center failures leave investors with neither a green card nor their money.
What changed in 2025 and 2026
- The EB-5 Reform and Integrity Act of 2022 split the petition into I-526 and I-526E and created the Integrity Fund fee and regional center compliance forms.
- The reserved visa categories for rural and high-unemployment projects have remained current, which is why regional center petitions now move faster.
- The Gold Card programme on Form I-140G, at $15,000 a person, was created by Executive Order 14351 in September 2025 and is separate from EB-5.