EB-5 Immigrant Investor Visa — United States

The EB-5 Immigrant Investor Visa lets you pursue lawful permanent residence in the United States through a qualifying investment.

It centers on investing in a U.S. commercial enterprise and creating or preserving at least 10 permanent full-time jobs for U.S. workers.

Basic program summary

The EB-5 program offers you the chance to apply for lawful permanent residence (a Green Card) based on investment and job creation.

You must invest in a commercial enterprise in the United States and show that your investment will create or preserve 10 permanent full-time jobs for qualified U.S. workers.

U.S. Citizenship and Immigration Services (USCIS) reviews your petition and supporting evidence.

The core steps generally include:

1. Filing Form I-526 (Immigrant Petition by Alien Investor) with USCIS.

2. Applying for permanent residence after approval, which may include filing Form I-485 if you are eligible to adjust status in the United States.

3. Completing immigrant visa processing through the U.S. Department of State if you apply from outside the United States.

Who is covered

The EB-5 visa covers you as the principal investor.

It also covers your spouse and your unmarried children under 21 years of age.

If USCIS approves your petition and you complete the immigrant visa or adjustment process, each qualifying family member may obtain lawful permanent residence.

To qualify, you must:

• Make the required investment in a U.S. commercial enterprise
• Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers

Each family member must separately apply for permanent residence, either through adjustment of status using Form I-485 (if eligible in the United States) or through immigrant visa processing with the U.S. Department of State abroad.

Eligible investment activity

Your investment must go into a commercial enterprise in the United States.

A commercial enterprise generally involves for-profit business activity.

The program also allows you to invest through a Regional Center, which is an entity approved by the U.S. government to promote economic growth.

Regardless of the structure, your investment must:

• Be placed in a U.S. commercial enterprise
• Lead to the creation or preservation of 10 permanent full-time jobs for qualified U.S. workers

USCIS evaluates whether your business plan and supporting documentation show that the required jobs will result from your investment.

You must pay specific USCIS filing fees at different stages of the EB-5 process.

You should also expect multi‑year processing times before you receive permanent Residency.

Required government fees

You pay government filing fees directly to U.S. Citizenship and Immigration Services (USCIS) when you submit required forms.

The main costs relate to Form I-526 and, if you adjust status in the United States, Form I-485.

You pay $11,160 when you file Form I-526.

USCIS will not begin processing until it receives the correct fee.

If you apply for adjustment of status through Form I-485, you must also pay $1,440, plus an $85 biometrics fee.

Biometrics allows USCIS to conduct background and security checks before granting Residency.

If you pursue immigrant visa processing abroad instead of filing Form I-485, review the U.S. Department of State’s fee schedule for current visa application fees.

Payment exceptions and forms

USCIS generally requires electronic payment methods for certain filings.

If you cannot comply with that requirement, you must formally request an exception.

To seek an exemption from electronic payment, you must:

• Complete Form G-1651, Exemption for Paper Fee Payment
• Submit the form together with your filing
• Include the correct paper-based payment

You must file Form G-1651 at the same time as your main application, such as Form I-526 or Form I-485.

USCIS will reject your filing if you do not include the proper fee or approved payment method.

Fee rules change, and rejected filings delay your case.

General timeline overview

EB-5 processing requires patience.

You should plan for long adjudication periods before you receive a decision.

USCIS processing for Form I-526 typically ranges from 24 to 36 months.

This timeframe reflects petition review only and does not include later steps toward Residency.

After I-526 approval, your timeline depends on whether you:

1. File Form I-485 in the United States, or

2. Apply for an immigrant visa through the U.S. Department of State abroad.

Form I-485 processing times vary.

visa interview scheduling and issuance fall under the U.S. Department of State.

After visa approval and admission to the United States, you obtain lawful permanent Residency status.

You must invest in a qualifying U.S. commercial enterprise and meet the correct minimum amount before U.S. Citizenship and Immigration Services (USCIS) will approve your petition.

The structure of your investment determines which form you file and how you document eligibility for permanent Residency.

Direct vs. regional-center investments

You can invest through a direct (standalone) business or through a USCIS-approved regional center project under the Immigrant Investor Program.

A direct investment places your capital into a business you manage or actively operate.

You file Form I-526, Immigrant Petition by Standalone Investor, for this type of project.

A regional-center investment places your funds into a commercial enterprise affiliated with an approved regional center.

You file Form I-526E, Immigrant Petition by Regional Center Investor, for these projects.

Filing the wrong form often leads to rejection.

USCIS reviews whether the enterprise structure matches the petition type.

After USCIS approves your petition, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, if eligible to adjust status in the United States.

If you apply abroad, the U.S. Department of State handles visa issuance.

Qualifying commercial enterprises

Your investment has to go into a U.S. commercial enterprise. USCIS checks that the entity meets program requirements and that your funds are actually committed.

You’ll need to show:

• The enterprise operates as a commercial business
• Your capital is invested in that enterprise
• The structure matches the petition type (direct or regional center)
• The enterprise is associated with an approved regional center, if applicable

Regional center investors should confirm the project’s current approval status before filing Form I-526E. Approval isn’t guaranteed to continue; always verify status through official USCIS sources.

USCIS reviews the enterprise details as part of the I-526 or I-526E process. If your documentation is inconsistent or the project is misclassified, that can delay or even derail your petition.

Meeting minimum investment requirements

You need to invest at least the required minimum amount. The required amount depends on whether your project qualifies for the standard threshold or a targeted employment area (TEA) threshold.

Investing less than the required amount leads to rejection. USCIS does not approve petitions that fall short of the capital requirement.

Before filing, make sure you’ve confirmed:

• The current standard investment threshold
• The current TEA investment threshold
• That your project qualifies for the claimed threshold
• That your full investment amount is properly documented

USCIS updates these requirements from time to time. Always check the current minimum investment amounts before submitting Form I-526 or Form I-526E.

Meeting the right threshold is a baseline step toward conditional permanent residency and, if eligible, filing Form I-485.

You begin the EB-5 process by preparing and filing Form I-526 with USCIS. Accuracy, correct signatures, and proper submission determine whether your filing is accepted or rejected.

Preparing the petition

Download the current edition of Form I-526 and its instructions directly from USCIS. Don’t rely on saved copies or third-party sources; USCIS rejects outdated editions.

Review the instructions carefully before you start. Pay attention to the eligibility category that fits your EB-5 investment.

Complete every required section. If a question doesn’t apply, follow the instructions rather than leaving it blank.

Prepare and organize all required supporting evidence before filing. USCIS expects the petition and documentation together.

Use this checklist before filing:

• Current edition of Form I-526
• All required sections completed
• Required supporting evidence included
• Form signed in the designated signature block

If you later apply for adjustment of status using Form I-485 to get lawful permanent residency, review the Form I-485 instructions separately.

Filing, signatures and submission

You must sign Form I-526 before submitting it. USCIS will reject an unsigned form.

Send the petition to the address listed in the official Form I-526 instructions. Mailing it to the wrong address delays processing.

Before mailing your petition, confirm:

1. The form edition matches the version currently listed by USCIS.

2. All pages are included.

3. The signature is present and properly placed.

If you’re unsure about fees or payment methods, consult the latest USCIS instructions.

Avoiding filing errors

USCIS rejects petitions that miss basic filing requirements. Most rejections come from avoidable mistakes.

Here’s a table of common filing problems and their consequences:

Review the form line by line before submission. Compare your printed petition to the instructions and make sure nothing is missing.

Treat the filing as a formal legal submission. Even small errors can force you to refile and lose time.

USCIS denies or delays many EB-5 cases because investors fail to document their funds correctly or leave out required forms. Compliance is a documentation exercise, not just an investment decision.

Source-of-funds and RFE risks

USCIS reviews how you obtained and transferred your investment capital when adjudicating Form I-

1. If you can’t clearly trace the path of funds, USCIS will likely issue a Request for Evidence (RFE).

You must document each step from the original source to the final investment account. Gaps, unexplained transfers, or missing records create delays and increase the risk of denial.

Common evidence USCIS expects includes:

• Personal and business tax returns
• Sale agreements or deeds for property transactions
• Bank statements showing deposits and transfers
• Records connecting each transaction in chronological order

If USCIS questions your documentation at the I-526 stage, it can delay your ability to move forward to Form I-485 for adjustment of status or immigrant visa processing. This directly affects your path to permanent residency.

Missing supporting documents that cause denials

USCIS can reject or deny filings when required supporting forms are missing. In cases involving family-based components, failing to submit Form I-864, Affidavit of Support, leads to immediate problems.

You must include Form I-864 along with the sponsor’s required financial evidence. Missing income documentation or unsigned forms can result in rejection or denial.

To avoid denial:

1. Confirm that every required form is signed.

2. Include all supporting financial documents requested in the form instructions.

3. Review the USCIS form checklist before filing.

Even small omissions can prevent approval of your I-526 or I-

1. Treat supporting documentation as mandatory if you want to secure permanent residency.

When you submit an EB-5 petition or respond to a request, USCIS reviews, stores, and sometimes shares the information you provide.

This includes Form I-526, Form I-485, emails, and any extra evidence submitted during processing.

Email and evidence submissions

USCIS reviews all information in your emails and any additional requested evidence for your EB-5 case.

This covers documents you send in support of Form I-526 or I-485, as well as materials provided after a formal request.

You're responsible for making sure what you send is accurate and complete.

USCIS adds your email content and attachments to your official case record.

Your submission may include:

• Identity documents
• Financial records
• Corporate or investment evidence
• Explanatory statements
• Responses to agency questions

USCIS examines these materials to decide if you qualify for the immigration benefit, including adjustment to lawful permanent residency.

Information sharing with agencies

USCIS can share information from your file with other government entities and authorized organizations.

This may include federal, state, local, and foreign government agencies.

Information sharing supports case review, verification, and other government functions related to your immigration request.

The agencies that may receive information include:

• Federal government agencies
• State government entities
• Local authorities
• Foreign government bodies
• Authorized organizations

USCIS reviews not just your forms, but also shares relevant parts of your record when required for official purposes tied to your EB-5 petition or residency application.

Personal information in feedback

If you give feedback to USCIS, any personal information in that feedback may be kept and used by the agency.

This applies even if the feedback isn't connected directly to your Form I-526 or I-485.

You decide what personal details to include.

USCIS may store and review that information as part of its records.

Personal information can include:

• Your name
• Contact details
• Case identifiers
• Statements about your experience

If you mention your EB-5 petition or residency application in feedback, USCIS might associate that information with your existing file.