An investor immigration lawyer explaining EB-5 starts with the basic process: choose a project and invest the funds, file I-526 or I-526E, receive a two-year conditional green card, then file I-829 to remove the conditions. EB-5 lets a foreign investor apply for a green card by investing qualifying funds in a new U.S. commercial enterprise that creates at least 10 full-time jobs. The current minimum investment is $1.05 million, or $800,000 for a qualifying project; applications filed on or after January 1, 2027 will be adjusted for inflation. The information below is current as of November 6, 2026.
Investment Amount and the 2027 Adjustment
For applications filed on or after March 15, 2022, the standard amount is $1.05 million. For investments in a targeted employment area (a rural area or high-unemployment area) or an infrastructure project, it is $800,000.
By law, the first adjustment applies to applications filed on or after January 1, 2027, and every 5 years after that. As of the date of this article, we have not found an officially published new amount; please rely on the Federal Register.
Two Investment Paths
- Direct investment (I-526). The enterprise must create the jobs directly; indirect jobs do not count.
- Regional center (I-526E). You invest through a regional center designated by USCIS, and indirect jobs may make up as much as 90%. Infrastructure projects are available only through the regional center path. The regional center program is currently authorized through September 30, 2027.
Core Requirements
- New commercial enterprise. A qualifying for-profit business that actually carries on business.
- 10 full-time jobs. Created for qualifying workers, at least 35 hours per week, expected to last at least 2 years. The investor and the investor's family members do not count.
- Funds at risk. You cannot agree to a fixed return, or to the investor's right to demand redemption. Be especially careful if a project promises fixed income or a refund at maturity.
- Lawful funds. You must explain the direct and indirect sources. For applications filed on or after May 14, 2022, personal tax returns for the past 7 years are generally required. Gifts and loans may be used, but the source of the donor's or non-bank lender's funds must also be explained.
- Investment period. The funds are expected to remain invested for at least 2 years.
Fee Changes
The new EB-5 fee rule takes effect November 30, 2026, based on the postmark date:
| Form | Postmarked on or before November 29, 2026 | Postmarked on or after November 30, 2026 |
|---|---|---|
| I-526 | $3,675 | $7,615 |
| I-526E | $3,675 | $7,850 |
| I-829 | $3,750 | $5,000 |
The I-526E carries a separate Integrity Fund fee, currently $1,000 and $1,100 from November 30. These amounts are current as of November 6, 2026; check USCIS's latest fee schedule on the day you file. Another EB-5 reform proposal was made in July 2026 and has not been finalized.
Visa Bulletin Dates
In the November 2026 Visa Bulletin, the Final Action Date for people born in mainland China in the non-reserved categories is December 1, 2016. The rural, high-unemployment and infrastructure reserved categories currently show as Current (no visa backlog). Visa numbers may change every month, and a visa backlog may also appear in the reserved categories.
Conditional Green Card and I-829
Applicants inside the United States may file the I-485 as the rules permit, but adjustment of status is discretionary; applicants abroad use consular processing. After receiving a conditional green card, you must file the I-829 within the 90 days before it expires, to show that the investment and job requirements have been met, in order to remove the conditions.
What to prepare
- Source of funds documents: bank statements, tax records, company dividends, home sale contracts, gift or loan agreements.
- Records of the path the funds took, with the full chain kept for funds contributed from within China.
- Project documents: subscription agreement, business plan, economic analysis, regional center materials.
A project sponsor's marketing is not a substitute for due diligence. You can have an independent investor immigration lawyer review the documents, and the investment decision should also take tax and financial advice into account. To learn how to verify an attorney's credentials, see How to Choose an Immigration Lawyer.
Contact us
Lu Xin Law Offices is located in Flushing, New York (36-09 Main Street Suite 5-D5). Our responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. Immigration is a federal matter, and representation in cases in other states is arranged according to the applicable rules of practice and the scope of engagement. If you need an EB-5 immigration lawyer to explain the procedure, call 347-618-3386. For our services, see Immigration Legal Services.
FAQ
What is the EB-5 minimum investment?
As of November 6, 2026, the standard amount is $1.05 million, and $800,000 for investments in a targeted employment area or an infrastructure project. Applications filed on or after January 1, 2027 will be adjusted for inflation; the new amounts will be as published in the Federal Register.
Can the project promise a fixed return?
The funds must be at risk. You cannot agree to a fixed return, or to the investor's right to demand redemption. Be especially careful if a project promises fixed income or a refund at maturity.
When do EB-5 fees change?
The new fee rule takes effect November 30, 2026, based on the postmark date. I-526 changes to $7,615, I-526E to $7,850 and I-829 to $5,000.
Sources: uscis.gov, uscis.gov, federalregister.gov, federalregister.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, travel.state.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.