The EB-5 Immigrant Investor Green Card: who qualifies, how it works, and how long it takes

Last reviewed September 6, 2026

Overview: EB-5 is a green-card route based on a qualifying investment and creation of at least ten qualifying full-time jobs. It involves immigration requirements and investment risk. Buying property, transferring money to a project, or receiving an approved petition does not by itself make someone a permanent resident.

The investment threshold

For cases under the post-March 15, 2022 framework, the standard minimum is $1,050,000. The reduced amount is $800,000 for a qualifying targeted employment area or infrastructure project. Earlier filings can have different rules. Statutory adjustments affect future thresholds; the applicable amount depends on the filing date and framework.

A targeted employment area can be rural or meet the high-unemployment requirements. A developer’s marketing label does not establish the designation. The source of the investment must be lawful, the investor must document its path, and the capital must satisfy the at-risk requirements.

Administrative charges, legal fees and personal living expenses are not automatically part of qualifying capital. The amount transferred to a project and the amount counted for immigration purposes can therefore differ.

Direct investment and regional-center projects

Standalone investment: the investor generally files Form I-526 and must establish qualifying direct job creation by the new commercial enterprise under the applicable rules. The business and employment plan must be credible and supported.

Regional-center investment: the investor generally files Form I-526E through a qualifying regional-center-sponsored project. Regional-center cases may use permitted economic job-creation methodologies, subject to the statutory and regulatory limitations. The regional center and project have their own compliance and filing obligations.

Neither designation nor a project’s immigration approval is a government guarantee of profitability, repayment or the individual investor’s approval. Immigration review and financial due diligence address different questions.

What the job requirement means

The investment must create at least ten qualifying full-time positions for qualifying U.S. workers. The investor and certain family members do not count toward those ten. Full-time generally means at least 35 hours per week; counting positions and workers has detailed rules.

Direct-business evidence addresses hiring dates, duties, payroll and how the financial plan supports the positions. Regional-center evidence may rely on qualifying economic modeling, expenditures and project progress. Troubled-business cases have distinct job-preservation rules.

Investment and source-of-funds evidence

Evidence includes ownership and investment agreements, business or project records, bank transfers, source-of-funds documents and a chronology. Depending on the source, records may cover employment earnings and taxes, business profits, property sales, gifts, inheritance or loans.

The evidence traces the funds through material transfers, including intermediaries and currency transfers where relevant. A bank balance shows that money is present; it does not alone establish how it was earned lawfully. Supporting records and required translations document the source and path.

Project risks, conflicts, fees, repayment terms, job allocation and delays concern the financial arrangement and can also affect immigration requirements. A contractual promise to return capital can raise at-risk issues depending on its terms. Promotional material does not establish compliance with those requirements.

Application steps

The filing framework determines the applicable investment and job-creation requirements.
The investor makes or commits qualifying capital under those rules and documents the transaction.
The petition uses I-526 or I-526E, as appropriate.
Visa availability and eligibility govern I-485 adjustment or immigrant-visa processing abroad. Concurrent filing is possible only when its specific requirements are met.
Qualifying final approval or immigrant admission grants conditional permanent residence for two years.
Removal of conditions uses I-829 during the 90-day period immediately before the second anniversary of conditional residence, with evidence satisfying the applicable investment and job requirements.

Investment-sustainment rules differ between filing frameworks and can be affected by policy and litigation. The two-year conditional-residence period does not automatically determine when a particular investment can be repaid.

Visa numbers, family and maintaining status

EB-5 has reserved visa allocations for qualifying rural, high-unemployment and infrastructure investments, as well as unreserved numbers. The relevant Visa Bulletin category and chargeability determine number availability. A reserved category is not a promise of immediate availability throughout the case.

A spouse and qualifying unmarried children under 21 may immigrate with the investor, subject to age-protection rules. A child’s age and applicable protection rules can affect derivative eligibility. Each person has final application and admissibility requirements.

A pending investment petition alone does not grant U.S. status or work permission. Applicants inside the country need a lawful basis for remaining and working, or appropriate permissions associated with an eligible adjustment application.