EB-5 Immigrant Investor Visa — United States

Is the EB-5 Visa Right for You?

If you're considering a pathway to lawful permanent residence in the United States through investment, the EB-5 Immigrant Investor Visa might be your opportunity. Designed to stimulate the U.S. economy, this visa requires you to make a qualifying investment in a U.S. commercial enterprise and create or preserve at least 10 permanent full-time jobs for qualified U.S. workers. This guide is tailored for foreign investors, along with their spouses and unmarried children under 21, who are looking to apply for this visa.

Who Should Use This Guide?

This guide is specifically for potential EB-5 Immigrant Investor Visa applicants who aim to enhance their understanding of the visa requirements and application process. If you're ready to make a significant economic contribution to the United States while securing a path to permanent residency for you and your family, this guide will be your go-to resource. It outlines the necessary steps and considerations, ensuring you have a comprehensive understanding of what's required for a successful application.

When to Reference This Guide

This guide is best used at the beginning of your planning process when you're evaluating your eligibility and readiness to apply for the EB-5 Visa. It will help you assess whether your investment and job creation plans align with the expectations set by the U.S. Citizenship and Immigration Services (USCIS). Additionally, understanding the costs involved, such as the $11,160 filing fee for I-526 and the $85 biometrics services fee, is crucial before proceeding. For more on visa types and their distinctions, explore our resources on US Employment Immigration Overview and Invest In Us.

What is the EB-5 Immigrant Investor Visa?

The EB-5 Immigrant Investor Visa is a pathway for foreign investors to obtain lawful permanent residence in the United States. This visa category is designed to stimulate the U.S. economy through job creation and capital investment. By making a qualifying investment in a U.S. commercial enterprise, investors, along with their spouses and unmarried children under the age of 21, can become eligible for a green card.

How Does the EB-5 Program Work?

To qualify for the EB-5 visa, you must meet specific investment and job creation requirements. Here's a high-level overview of how the program works:

• Investment Requirement: You need to make a capital investment in a new commercial enterprise. This investment can be in the form of cash, equipment, inventory, or other tangible property. The investment amount varies based on whether the business is located in a targeted employment area (TEA) or not.

• Job Creation: The enterprise must create or preserve at least 10 permanent full-time jobs for qualified U.S. workers. This requirement ensures that the investment contributes positively to the local economy.

• Regional Center Program: Some investors choose to participate through the Regional Center Program, which involves investing in commercial enterprises associated with USCIS-approved regional centers. These centers focus on promoting economic growth in specific geographic areas.

Who is Eligible for the EB-5 Visa?

The eligibility for the EB-5 visa is primarily based on the investment and job creation criteria:

• Eligible Participants: Investors, their spouses, and unmarried children under 21.
• Investment and Job Creation: You must make the necessary investment and have a viable plan to create or preserve 10 permanent full-time jobs for U.S. workers.

Costs and Processing Times

Understanding the financial commitment and timeline is crucial when considering the EB-5 visa.

• Processing Times:
  • I-526 Petition: 30.5 to 32 months.
  • I-485 Adjustment Applications: Varies widely, from 7.5 to 161 months, depending on the category and service center.

For more detailed information on processing times, you can refer to the Visa Processing Times Explained guide.

What to Prepare for Your Application

When applying for the EB-5 visa, you should gather comprehensive documentation to support your investment and job creation plans. Here are some critical elements:

• Evidence of the Necessary Investment: Documentation showing the source and amount of your investment.
• Job Creation Plans: Detailed plans demonstrating how your investment will lead to the creation or preservation of jobs.

For additional guidance on the application process and requirements, you may find it helpful to explore resources on US Employment Immigration Overview and Invest In US.

The EB-5 Immigrant Investor Visa offers a unique opportunity for foreign investors to become permanent residents of the United States. By fulfilling investment and job creation criteria, you can contribute to the U.S. economy while securing a future for your family in America.

Who Qualifies for the EB-5 Immigrant Investor Visa?

The EB-5 Immigrant Investor Visa is designed for foreign investors looking to obtain lawful permanent residency in the United States. To be eligible, you must meet several key criteria:

• Investment Requirement: You must make a qualifying investment in a U.S. commercial enterprise.
• Job Creation: Your investment must create or preserve at least 10 permanent full-time jobs for qualified U.S. workers.

Additionally, your immediate family members, including your spouse and unmarried children under 21, may also qualify for residency under your investment.

Investment Criteria

To apply for the EB-5 visa, consider the following investment criteria:

• Minimum Investment Amount: Depending on the location of the commercial enterprise, the investment amount varies. Typically, the minimum investment is $1,050,000, (verify the current fee on the official website) but it is reduced to $800,000 (verify the current fee on the official website) if the investment is made in a Targeted Employment Area (TEA), which is a rural area or an area with high unemployment.
• Regional Center Program: If participating through a USCIS-approved regional center, your investment must be associated with a commercial enterprise in that center. This option offers more flexibility in meeting job creation requirements.

Required Documentation

Gathering comprehensive documentation is crucial to demonstrate your eligibility:

• Evidence of Investment: Provide proof of the funds you are investing, including their source and transfer to the U.S.
• Job Creation Plan: Detailed plans on how your investment will create or preserve the required 10 jobs.
• Business Plan: A comprehensive business plan that outlines the commercial enterprise’s potential for growth and sustainability.

Processing Times and Fees

Understanding the costs and timeframes associated with the EB-5 visa process is important:

• Filing Fees: The filing fee for the I-526 petition is $11,160, with an additional biometrics services fee of $85.
• Processing Times: As of January 2026, the processing time for the I-526 petition can range from 30.5 to 32 months. Ensure you verify the current processing times on the official USCIS website.

For those considering other pathways to U.S. residency, the EB-1 Visa and EB-2 Visa offer alternatives that may be suitable depending on your qualifications and goals. For a detailed comparison and understanding of employment-based immigration options, refer to the U.S. Employment Immigration Overview.

What is the EB-5 Immigrant Investor Visa?

The EB-5 Immigrant Investor Visa is a program designed to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under this program, investors can obtain lawful permanent residence in the United States by making a qualifying investment in a U.S. commercial enterprise and creating or preserving jobs for qualified U.S. workers. Eligible investors, their spouses, and unmarried children under 21 may apply for this visa.

Step-by-Step Process for Applying

1. Determine Eligibility

   Begin by confirming that you meet the eligibility criteria for the EB-5 visa. This includes making a qualifying investment in a U.S. commercial enterprise and planning to create or preserve at least 10 permanent full-time jobs for U.S. workers. If you are considering the Regional Center Program, ensure the commercial enterprise is associated with a USCIS-approved regional center.

2. Prepare Your Investment and Job Creation Plan

   Gather evidence of your investment and detailed job creation plans. This documentation is crucial for demonstrating your commitment to meeting the program requirements. Ensure your investment meets the required thresholds and aligns with the program's objectives.

3. Apply with USCIS

   Lodge your application with the United States Citizenship and Immigration Services (USCIS). This step involves submitting your petition (I-526) alongside the necessary supporting documents. Be prepared to pay the filing fee of $11,160 and the biometrics services fee of $85. Note that filing does not guarantee approval, so ensure your application is thorough and accurate.

4. Await Processing and Decision

   Processing times for the I-526 petition can vary. As of January 2026, the processing time ranges from 30.5 to 32 months. Use the Visa Processing Times Explained guide to better understand the factors influencing these timelines. After USCIS reviews your application, you will receive a decision or a request for additional information if needed.

5. Proceed to Adjustment of Status or Consular Processing

   If your I-526 petition is approved, you can proceed to adjust your status if you are already in the U.S. or apply for a visa at a U.S. consulate abroad. For the adjustment of status (I-485), the filing fee is $1,440, with an additional biometrics fee of $85. Processing times vary significantly, so consult the US Adjustment Of Status Vs Consular Processing guide for more information.

Additional Considerations

• Fee Waivers: Fee waivers may be available for the I-485 filing for those who qualify. Check the latest criteria on the official USCIS website.

• Investment in Regional Centers: If participating in the Regional Center Program, ensure the center is USCIS-approved to meet the specific program requirements.

• Legal Assistance: Given the complexity of the EB-5 process, consider seeking legal assistance to guide you through the requirements and documentation.

By following these steps, you can navigate the EB-5 Immigrant Investor Visa process effectively. For those looking to understand more about investing in the U.S., you may find the Invest In Us resource helpful.

What Are the Costs for the EB-5 Immigrant Investor Visa?

When applying for the EB-5 Immigrant Investor Visa, you need to be aware of the associated costs. Below is a table that outlines the primary fees involved:

As of February 2026, these are the official costs. It's important to note that fee waivers may be available for the I-485 application for those who qualify. Always verify current fees on the official USCIS website.

How Long Does the Process Take?

The processing times for the EB-5 Immigrant Investor Visa can vary significantly based on the type of application and individual circumstances. Below are general processing timelines:

These timelines are as of January 2026 and can vary by service center and eligibility category. For more detailed insights, consult the Visa Processing Times Explained.

What to Expect During the Application Process

When you apply for the EB-5 Visa, you should be prepared to demonstrate your investment in a U.S. commercial enterprise and the creation or preservation of at least 10 permanent full-time jobs for U.S. workers. This will involve gathering substantial documentation and may require legal consultation to ensure compliance with U.S. immigration laws. For further guidance on your application steps, you can explore the US Visa Application Steps.

Understanding these costs and timelines can help you better prepare your application and manage expectations throughout the process. If you're interested in other employment-based visas, consider looking into options like the Eb 1 or Eb 2 visas.

Preparing Your Application

• Understand the Investment Requirements: Ensure you fully comprehend the minimum investment thresholds, which are essential for eligibility. This typically involves a substantial capital investment in a U.S. commercial enterprise with the goal of creating or preserving at least 10 permanent full-time jobs for U.S. workers.

• Gather Comprehensive Documentation: Collect all necessary evidence to support your investment and job creation plans. This includes financial statements, business plans, and proof of funds. Detailed documentation is critical to demonstrate compliance with program requirements.

• Choose the Right Regional Center: If applying through the Regional Center Program, select a USCIS-approved regional center that aligns with your investment goals. This can simplify the process of job creation evidence, as regional centers often manage these requirements.

Navigating the Process

• Be Aware of Processing Times: The processing time for the I-526 petition can range from 30.5 to 32 months as of January 2026. For the I-485 application, if applicable, processing times can vary significantly based on the specific circumstances and service center. Stay informed by consulting the Visa Processing Times Explained guide.

• Budget for Fees: Prepare for the required fees, including an $11,160 filing fee and an $85 biometrics services fee for the I-526 petition. If you need to file an I-485, the filing fee is $1,440 with an additional $85 biometrics fee. Note that fee waivers may be available for I-485 for qualifying applicants.

• Consider Legal Assistance: Given the complexity of the EB-5 process, consulting an immigration attorney can help navigate potential challenges and ensure compliance with all requirements. An attorney can provide guidance specific to your situation and help mitigate common pitfalls.

Common Pitfalls to Avoid

• Incomplete Documentation: Failing to provide complete and accurate documentation can result in delays or denials. Double-check that all required documents are included and correctly formatted.

• Ignoring Eligibility Details: Carefully review the eligibility criteria for yourself and any dependents, such as spouses and unmarried children under 21. Each applicant must meet specific requirements, so ensure all eligibility aspects are covered.

• Underestimating Timelines: The EB-5 process can be lengthy. Plan accordingly and maintain realistic expectations regarding the timeline. This includes potential delays and the time required to gather all necessary documentation.

For further insights and detailed procedures, consider reviewing our guides on US Visa Application Steps and Why Visas Get Denied. These resources can provide additional clarity and help you better prepare for the application process.

Investment and Job Creation Requirements

• Insufficient Investment Amount: One common mistake is not meeting the required investment amount for the EB-5 visa. As of the latest guidelines, ensure you invest the necessary funds in a U.S. commercial enterprise and verify the current amount on the official USCIS website.
• Job Creation Miscalculations: Applicants often miscalculate the number of jobs created. The EB-5 program requires you to create or preserve 10 permanent full-time jobs for U.S. workers. Ensure your business plan clearly demonstrates how these jobs will be created or preserved.

Documentation Errors

• Incomplete Evidence Submission: Many applicants fail to provide comprehensive evidence of their investment and job creation plans. Gather all necessary documents, including proof of investment and detailed job creation strategies, before lodging your application.
• Incorrect Documentation: Using outdated or incorrect documents can lead to delays or denials. Always verify document requirements and guidelines on the USCIS website before submitting your application.

Regional Center Program Pitfalls

• Unapproved Regional Centers: If participating in the Regional Center Program, ensure your investment is associated with a USCIS-approved regional center. Investing in an unapproved center can invalidate your application.
• Misunderstanding Regional Center’s Role: Some applicants misunderstand the role of a regional center. Remember, the center facilitates your investment and job creation but does not guarantee visa approval.

Financial and Processing Considerations

• Underestimating Processing Times: Processing times for the I-526 petition can range from 30.5 to 32 months. These timelines vary by service center and eligibility category, so check the Visa Processing Times Explained guide for the most recent updates.
• Neglecting Additional Fees: In addition to the filing fee of $11,160 for the I-526 petition, there's a biometrics services fee of $85. Make sure to budget for these costs as part of your application process. For a comprehensive overview of fees, refer to the Us Visa Application Steps.

By addressing these common errors and ensuring thorough preparation, you can improve your chances of a successful EB-5 Immigrant Investor Visa application. For more detailed guidance, explore resources like Us Adjustment Of Status Vs Consular Processing.

What is the EB-5 Immigrant Investor Visa?

The EB-5 Immigrant Investor Visa is designed for foreign investors who wish to obtain lawful permanent residence in the United States by making a qualifying investment in a U.S. commercial enterprise. This program was established to stimulate the U.S. economy through job creation and capital investment. To be eligible, investors, along with their spouses and unmarried children under 21, must invest a substantial amount in a U.S. business and demonstrate plans to create or preserve at least 10 permanent full-time jobs for qualified U.S. workers.

What Are the Investment Requirements?

Investors can either choose to invest directly in a business or participate in the Regional Center Program. If opting for the latter, they must ensure their investments are made in commercial enterprises associated with regional centers approved by the U.S. Citizenship and Immigration Services (USCIS). It's crucial to gather comprehensive evidence of the necessary investment and job creation plans, as failure to provide this documentation can affect the outcome of your application. More details on related visa types can be found in the EB-1 and EB-2 visa descriptions.

How Long Does the Process Take?

The processing time for an I-526 application, which is the petition for an investor to be considered for the EB-5 visa, ranges from 30.5 to 32 months as of January 2026. Keep in mind that these times can vary based on eligibility category and service center, so it's advisable to verify the most current processing times on the official USCIS website. For adjustments of status, the processing time varies significantly, depending on the basis of the adjustment. You can find more detailed timelines in our Visa Processing Times Explained guide.

What Are the Fees?

The fee structure for the EB-5 visa process includes a filing fee of $11,160 for the I-526 petition, with an additional biometrics services fee of $85. If applying for adjustment of status through I-485, the filing fee is $1,440, with the same biometrics services fee. Fee waivers may be available for I-485 applications for qualifying individuals. It's essential to confirm these fees on the official USCIS website to ensure you have the most current information.