Skip to content
Residency Citizenship Compare Pricing Tools Intel About Start with a Program-Fit Report
Open Last verified June 2026

United States EB-5 Immigrant Investor

A real green card through investment, if you can wait out the queue.

Open and active in June 2026, but on a hard clock. The Regional Center Program is authorized only through September 30, 2027, and the grandfathering protection for new regional center investors sunsets September 30, 2026. Investors who file Form I-526E before that date keep their petitions alive even if Congress lets the program lapse. The Trump administration has floated a competing "Gold Card" scheme, adding political uncertainty to any reauthorization.

Overview

EB-5 is the United States investor green card, not a passport scheme and not a fast residence permit. You invest at-risk capital in a US new commercial enterprise that creates at least ten full-time jobs for qualifying US workers, and in exchange you and your immediate family receive lawful permanent residence. The 2022 Reform and Integrity Act reset the program: the minimum is USD 1,050,000, dropping to USD 800,000 if you invest in a targeted employment area (a rural zone or a high-unemployment area) or a qualifying infrastructure project. It also created reserved visa set-asides of 20% for rural, 10% for high-unemployment, and 2% for infrastructure, which is the practical reason most 2026 investors choose rural projects.

The defining feature of EB-5 in 2026 is a two-speed system. Rural TEA petitions get statutory priority processing and the largest set-aside, and many are being approved in roughly 8 to 16 months, while the reserved categories remain current for every country including China and India. Urban high-unemployment and standard petitions sit in a much longer line, with regional center I-526E adjudication around 32 to 36 months. Chinese-born and Indian-born investors face additional visa backlogs in the unreserved pool that can stretch many years, which is exactly why the rural set-aside has become the crowded lane and may itself develop a backlog over time. Country of birth, not country of citizenship, drives the wait.

Two deadlines dominate the current decision. The grandfathering protection for new regional center investors sunsets on September 30, 2026: file your I-526E before that date and your petition continues to be processed even if the program lapses. The program's underlying authorization then expires September 30, 2027 and will need a fresh act of Congress. Layered on top is political noise from the Trump administration's proposed Gold Card concept, which has cast doubt on a clean reauthorization. None of this stops a properly filed petition, but it does mean timing and project due diligence matter more than usual right now.

The honest tradeoffs are capital risk and tax. EB-5 capital must be genuinely at risk, so project selection (job creation cushion, capital stack position, redeployment terms, regional center track record) is where investors win or lose, independent of immigration approval. And from the day you become a permanent resident you are a US worldwide taxpayer with heavy offshore reporting obligations, a profile that suits people who actually want to live in the United States far better than those seeking a low-touch second residence. For the right candidate, a family that wants to genuinely relocate to the US and put children in US schools and universities, EB-5 delivers something most programs cannot: a durable green card and a clear five-year path to citizenship.

Qualifying routes

Rural TEA investment (regional center or direct)

Project in a rural area outside any MSA and outside a town of 20,000+. Gets the 20% reserved visa set-aside and statutory priority processing, currently the fastest EB-5 track.

USD 800,000

High-unemployment TEA investment

Project in an area with unemployment at least 150% of the national average. 10% reserved visa set-aside, but no priority processing, so adjudication is slower than rural.

USD 800,000

Infrastructure project investment

Government-administered public infrastructure project. 2% reserved visa set-aside. Limited availability of qualifying projects in practice.

USD 800,000

Standard (non-TEA) investment

Any qualifying new commercial enterprise outside a TEA. Higher capital floor, no reserved set-aside, drawn from the unreserved visa pool.

USD 1,050,000

Tax

This is the single biggest tradeoff of EB-5 and the reason its tax score is low. A US lawful permanent resident is a US tax resident, taxed on worldwide income at federal rates regardless of where the money is earned or held, plus potential state income tax depending on where you live. The US also imposes extensive offshore reporting (FBAR, Form 8938, controlled foreign corporation and PFIC rules) that can be punishing for someone with non-US business and investment structures. Once you hold the green card long enough to be a long-term resident, giving it up can trigger the US expatriation "exit tax" on unrealized gains. Pre-immigration tax planning, ideally completed before you become a resident, is essential. Treat everything here as general information and coordinate the specifics with qualified US tax counsel.

Strengths

  • Leads to a genuine US green card for the whole immediate family, with a clear five-year path to citizenship
  • Rural TEA route currently offers priority processing and a 20% reserved visa set-aside, often approving in roughly 8 to 16 months
  • No language test, no business-management or prior-experience requirement, and no points system
  • Reserved (rural, high-unemployment, infrastructure) categories remain current for every country including China and India
  • Children can attend US schools and pay in-state university tuition as residents
  • Once conditions are removed, status is permanent and independent of the principal investor
  • Full right to live, work, study, and start a business anywhere in the US

Trade-offs

  • Worldwide US taxation and extensive offshore reporting begin the moment you become a resident
  • Capital is genuinely at risk; you can win the green card and still lose money on a bad project
  • Program authorization expires September 30, 2027 and the grandfathering window closes September 30, 2026, with real political uncertainty around reauthorization
  • China-born and India-born investors face long unreserved-category backlogs and potential future backlogs even in rural
  • Not a low-presence option; keeping the green card requires actually making the US your home
  • Urban high-unemployment and standard (non-TEA) petitions face roughly 32 to 36 month processing
  • Total cost beyond the USD 800,000 includes regional center fees, legal fees, and government filing fees
  • Long-term residents who later surrender the green card can face the US exit tax

Questions

How much do I need to invest in EB-5 in 2026? +

USD 800,000 if you invest in a targeted employment area (a rural area, a high-unemployment area, or a qualifying infrastructure project) or USD 1,050,000 for a standard project outside a TEA. These figures were set by the 2022 Reform and Integrity Act and are scheduled for inflation adjustment every five years. Budget additional sums for regional center administrative fees, legal fees, and USCIS filing fees on top of the investment.

Does EB-5 give me a passport or a green card? +

A green card. EB-5 grants US lawful permanent residence, first conditional for two years, then unconditional after the conditions are removed. It is not a citizenship-by-investment program. You can naturalize as a US citizen and obtain a US passport later, generally five years after receiving the conditional green card, if you meet residence and physical-presence requirements.

How long does the EB-5 process take? +

It depends heavily on the route and your country of birth. Rural TEA petitions get priority processing and many I-526E approvals are coming in around 8 to 16 months. Urban high-unemployment and standard petitions are running roughly 32 to 36 months at the I-526E stage. After conditional residence, removing conditions via Form I-829 currently takes around 20 months. Chinese-born and Indian-born investors can face additional multi-year visa backlogs in the unreserved category.

What is a targeted employment area (TEA)? +

A TEA is either a rural area (outside any Metropolitan Statistical Area and outside any town of 20,000 or more people) or a high-unemployment area (unemployment at least 150% of the national average). Investing in a TEA lowers your minimum to USD 800,000 and qualifies you for reserved visa set-asides. Rural projects additionally get statutory priority processing.

Why are most investors choosing rural EB-5 projects in 2026? +

Because rural projects combine the lower USD 800,000 minimum, the largest reserved visa set-aside (20%), and statutory priority processing, which together make them the fastest reliable track. The reserved categories also remain current for every country, so a China-born or India-born investor in a rural project avoids the long unreserved-category line. The tradeoff is that heavy demand could eventually create a backlog in the rural set-aside too.

What happens with the September 30, 2026 and 2027 deadlines? +

September 30, 2026 is the grandfathering sunset: file your I-526E before that date and your petition continues to be adjudicated even if the program lapses later. September 30, 2027 is when the Regional Center Program's current authorization expires and Congress must reauthorize it. There is genuine political uncertainty, including the administration's competing Gold Card idea, so timely filing before the 2026 grandfathering date is the conservative move.

Is my EB-5 investment guaranteed? +

No. US law requires the capital to be genuinely at risk, so guaranteed-return structures do not qualify. You can have your immigration petition approved and still lose money if the underlying project underperforms. This is why project due diligence, the regional center's track record, the job-creation cushion, and your position in the capital stack matter as much as the immigration paperwork.

How many jobs does an EB-5 investment have to create? +

At least ten full-time jobs for qualifying US workers, attributable to your investment, sustained through the conditional residence period. In regional center projects, indirect and induced jobs can count using approved economic models, which is one reason most passive investors go through regional centers rather than direct investments.

Can my family be included? +

Yes. Your spouse and unmarried children under 21 are included as derivative applicants and receive green cards alongside you. The Child Status Protection Act can lock in a child's age while the I-526E is pending to protect against aging out, but the calculation is fact-specific and should be reviewed with an immigration attorney.

Will I have to pay US tax on my worldwide income? +

Yes. As a US lawful permanent resident you become a US tax resident, taxed on worldwide income at federal rates, plus possible state tax depending on where you live, along with extensive offshore reporting such as FBAR and Form 8938. Pre-immigration tax planning before you become a resident is critical. This is general information, not advice; coordinate the specifics with qualified US tax counsel.

When can I apply for US citizenship through EB-5? +

Generally five years after you receive your conditional green card, and you can file up to 90 days before that anniversary. You must meet continuous-residence and physical-presence rules, typically at least 30 of the prior 60 months physically present in the US, plus good moral character and a civics and English test. The five-year clock starts at the conditional green card, not when conditions are removed.

Can I keep living outside the US after getting an EB-5 green card? +

Not really. EB-5 is a residence program, not a low-presence second-passport route. Extended absences, particularly over six months, can jeopardize your status, and trips expected to exceed a year require a reentry permit. EB-5 fits people who genuinely intend to make the US their home far better than those wanting a passive backup residence.

What is the difference between EB-5 and the proposed Gold Card? +

EB-5 is the established, statute-based investor green card requiring at-risk investment and job creation. The Gold Card is a separate concept floated by the Trump administration, reportedly around a USD 1 million figure, that would work differently and has not replaced EB-5 in law as of June 2026. The two should not be conflated, and the Gold Card discussion is one source of uncertainty around EB-5's 2027 reauthorization.

Can I get my EB-5 money back? +

Potentially, but it is not guaranteed and not immediate. Your capital must stay at risk through the sustainment period, and return of capital depends on the project's performance and exit, plus any redeployment terms in the offering. Some regional center projects target a repayment after the I-829 stage, but timing and amount are project-dependent and should be scrutinized before investing.

Head to head

Compare United States

In-depth, independent comparisons, scored on the same verified dataset.