EB-5 immigrant investor visas
A path to a green card through a qualifying investment in a U.S. business that creates jobs, directly or through a regional center.
Overview
The EB-5 program lets a foreign investor get a U.S. green card by investing in a new U.S. business that creates at least 10 full-time jobs for U.S. workers. Your spouse and unmarried children under 21 can get green cards with you.
Most investors invest through a regional center project, where jobs created indirectly can count. Others invest directly in their own business. Congress rewrote many EB-5 rules in the EB-5 Reform and Integrity Act of 2022, including the investment amounts, reserved visas for certain projects, and the option to file for a green card at the same time as the investor petition.
EB-5 is document-heavy. You must prove that your money came from a lawful source and trace how it moved to the U.S. For investors from mainland China, the waiting line for unreserved visas is long, so choosing the right type of project matters.
Key requirements
- Investment amount: $1,050,000, or $800,000 if the project is in a targeted employment area (TEA). These amounts adjust for inflation starting January 1, 2027, and every five years after that (8 U.S.C. § 1153(b)(5)).
- A TEA is either a rural area (outside a metropolitan statistical area and outside any city or town of 20,000 or more people) or a high-unemployment area (at least 150% of the national average). USCIS, not the states, now makes TEA decisions.
- Reserved (set-aside) visas: 20% of EB-5 visas each year are reserved for rural projects, 10% for high-unemployment areas, and 2% for infrastructure projects.
- Job creation: the investment must create at least 10 full-time jobs for qualifying U.S. workers. In a regional center project, indirect and induced jobs may count.
- At-risk investment: the money must be at risk for a profit or loss and generally must stay invested for at least two years.
- Lawful source of funds: you must show the money came from lawful sources, generally with tax returns from the last 7 years and a paper trail for every transfer. Gifted or borrowed funds must also be documented back to the donor or lender.
- Loans must be secured by your own assets, not by the assets of the business you are investing in.
At a glance
What it is
- Permanent residence for the investor, spouse and unmarried children under 21
- Investment in a new commercial enterprise, directly or through a regional center
- Conditional green card first, then removal of conditions on Form I-829
Who it fits
- Investors who can document the lawful source of their funds
- Families planning education and long-term residence in the U.S.
- Developers and regional centers structuring EB-5 projects
How we help
- Project and investment-structure review
- Source-of-funds and path-of-funds records, including PRC company records, in English and Chinese
- I-526E and I-829 petitions and RFE responses
- Trace source and path of funds from China, Taiwan and other countries, including gifts, loans, dividends and property sales
- Review regional center project documents and TEA status before you invest
How the process works
Choose a project and trace your funds
Review the project documents and gather proof of where your money came from and how it will move to the U.S.
Timing: Often 1–3 months
Invest and file the investor petition
Regional center investors file Form I-526E; direct investors file Form I-526.
Form: I-526E or I-526Timing: USCIS processing often takes many months or longer
File for a green card at the same time, if eligible
If you are in the U.S. in lawful status and a visa is available for your category, you may file Form I-485 together with or after the I-526E. This may allow a work permit and travel permit while you wait.
Form: I-485, I-765, I-131
Or process through a U.S. consulate
If you live abroad, after approval your case goes to the National Visa Center and a consular interview.
Form: DS-260Timing: Depends on the Visa Bulletin
Conditional green card
You first receive a two-year conditional green card.
Timing: 2 years
Remove conditions
File Form I-829 in the 90 days before the second anniversary of becoming a conditional resident, showing the investment was sustained and the jobs were created.
Form: I-829Timing: Within the 90 days before the 2-year anniversary
Documents to gather
- Passports and birth and marriage certificates for all family members
- Personal tax returns for the last 7 years, from every country
- Bank statements and account history for the investment funds
- For PRC company dividends: company registration, financial statements, board resolutions and proof taxes were paid
- For sale of property: purchase contract, property certificate, sale contract and proof of payment received
- For a gift: gift letter, the donor’s relationship proof and the donor’s own source-of-funds records
- For a loan: loan agreement and proof the loan is secured by your own assets
- Currency exchange and wire transfer records showing each step of the path of funds
- Project offering documents and subscription agreement
- Resume and any criminal or immigration history records
Common problems to avoid
- Mixing money from unknown sources into the investment account, which breaks the paper trail.
- Using money borrowed against the project’s own assets, which does not count as your investment.
- Sending money through many people or exchangers without records for each step, which is common with China’s foreign exchange limits.
- Choosing an unreserved project as a mainland China-born investor without understanding the long visa backlog.
- Missing the 90-day window to file the I-829.
- Letting a child turn 21 without checking whether the Child Status Protection Act protects them.
What has changed lately
In the September 2026 Visa Bulletin, the EB-5 unreserved final action date for China-mainland born investors is December 1, 2016. The rural, high-unemployment and infrastructure set-aside categories are current. The State Department warned the unreserved category could retrogress or become unavailable, and USCIS required the Final Action Dates chart for employment-based I-485 filings.
The regional center program is authorized through September 30, 2027. The law protects petitions filed on or before September 30, 2026 if the program later lapses, and investment amounts are scheduled to adjust on January 1, 2027.
A federal court ruling in late 2025 rolled back the April 2024 EB-5 fee increases, and USCIS proposed a new EB-5 fee rule in October 2025. Confirm the current filing fee on the USCIS fee page before filing.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
Why do Chinese investors often choose rural projects?
Rural set-aside visas are current for China-born investors as of the September 2026 Visa Bulletin, while the unreserved category has a backlog going back to 2016. Rural petitions also receive priority processing at USCIS. Visa availability can change, so check the latest Visa Bulletin.
Can I use money my parents gave me?
Yes, gifts are allowed. You must document the gift and show that your parents’ money came from a lawful source, such as salary, business income or a property sale.
Can I use money from selling my apartment in China or dividends from my company?
Yes, these are common sources. You will need records such as the purchase and sale contracts, property certificate, company financial statements, dividend resolutions and tax records, plus proof of how the money moved out of China.
Can I get a work permit while I wait?
If you are in the U.S. in lawful status and your category is current, you may file Form I-485 with your I-526E. Concurrent filers may apply for a work permit and travel permit while the case is pending. Adjustment of status is discretionary, and a May 2026 USCIS memo stresses that officers weigh positive and negative factors.
What happens after two years?
You file Form I-829 to remove the conditions on your green card. You must show your investment was sustained and the required jobs were created or are expected to be created within a reasonable time.
Will I get my investment back?
No. EB-5 requires that your money be at risk. Review the project documents carefully and understand that you may lose some or all of the investment.
- 8 U.S.C. § 1153(b)(5) – Employment creation (EB-5)
- USCIS – EB-5 Reform and Integrity Act of 2022
- USCIS Policy Manual, Vol. 6, Part G – Investors
- Visa Bulletin for September 2026
- Federal Register – USCIS EB-5 Fee Rule (proposed, Oct. 23, 2025)
- USCIS Policy Memorandum PM-602-0199 – Adjustment of Status and Discretion (May 21, 2026)
- USCIS – Adjustment of Status Filing Charts from the Visa Bulletin
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.