Shihab Burke LLC Immigration Lawyers is a team of EB-5 investor visa lawyers. We help foreign investors and their families get U.S. green cards through the EB-5 program. We also advise developers on the immigration requirements of EB-5 projects. We serve clients across the United States and around the world from our offices in Columbus and Dublin, Ohio.
This page explains how the EB-5 program works, how much it costs, and what investors can do if a problem occurs. Some investors may be better served by a temporary visa instead.
See our pages on the L-1A visa for executives and managers, the E-1 treaty trader visa, and the E-2 treaty investor visa.
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What Is the EB-5 Investor Visa?
The EB-5 investor visa is a way to get a U.S. green card by investing in a U.S. business that creates jobs. A green card gives a person permanent residence, which is the right to live and work in the United States permanently. The EB-5 program does not require a U.S. employer to sponsor the investor.
The EB-5 investor’s spouse and unmarried children under age 21 can also get green cards. If a child is close to age 21, the case should be planned early. Special rules may protect the child’s eligibility.
EB-5 investors first receive a conditional green card for two years. A conditional green card expires unless the investor later asks U.S. Citizenship and Immigration Services (USCIS), the agency that decides EB-5 cases, to remove the conditions.
To remove the conditions, the investor files a petition in the 90 days before the card expires. The petition must show that the investment was sustained and that the required jobs were created or will be created within a reasonable time. Filing on time keeps the investor’s green card status valid while USCIS decides.
How Much Must You Invest for an EB-5 Visa?
As of October 2026, the minimum EB-5 investment is $1,050,000. The minimum is $800,000 for an investment in a targeted employment area or a qualifying infrastructure project.
| Type of EB-5 Investment | Minimum Investment (as of October 2026) |
|---|---|
| Standard investment | $1,050,000 |
| Targeted employment area (rural or high-unemployment area) | $800,000 |
| Infrastructure project (regional center investments only) | $800,000 |
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A targeted employment area is a rural area or an area with high unemployment that meets government standards. The location alone does not qualify a project for the lower amount. The project must document that it qualifies.
By law, the EB-5 investment amounts will increase with inflation on January 1, 2027, and every five years after that. The amount that applies depends on the date the petition is filed. We will update this page when the government publishes the new amounts.
The EB-5 investment must be “at risk.” This means the money is used in the business and could be lost. An investment with a guaranteed return does not qualify. The money generally must stay invested for at least two years.
The money can come from the investor’s own savings, a gift, or certain loans. The investor must prove the money was obtained lawfully. The minimum investment is not the total cost; investors should also budget for government fees, legal fees, and project fees.
How Many Jobs Must an EB-5 Investment Create?
Each EB-5 investment must create at least 10 full-time jobs for qualifying U.S. workers. A full-time job means at least 35 hours of work per week. Jobs held by the investor, the investor’s spouse, or the investor’s children do not count.
A direct investment counts only the people employed by the business itself. A regional center investment can also count indirect jobs. Indirect jobs are jobs created outside the business, such as jobs at suppliers and some construction jobs. Indirect jobs must be supported by an accepted economic study, and limits apply.
A clear business plan and a reliable job study are central to every EB-5 case. Before investing, the investor should understand how the project will create and document the required jobs.
Should You Choose a Regional Center or a Direct EB-5 Investment?
EB-5 investors can choose a regional center investment or a direct investment. The right choice depends on the investor’s goals and how involved the investor wants to be in the business.
A regional center is a public or private organization approved by USCIS to sponsor EB-5 projects. A direct investment is an investment in a business outside the regional center program, often a business the investor helps run.
| Regional Center Investment | Direct Investment | |
|---|---|---|
| Petition form | Form I-526E | Form I-526 |
| Who organizes the project | A regional center and a project company | Usually the investor |
| Jobs that count | Direct and indirect jobs | Direct jobs only |
| Pooling funds with other EB-5 investors | Allowed | Not allowed (petitions filed on or after March 15, 2022) |
| Investor’s usual role | A role in policy decisions, such as a limited partner | Often helps manage the business |
| Infrastructure category | Available | Not available |
With either type of EB-5 investment, the investor must take part in the business through management or policy decisions. Daily management is not always required.
USCIS approval of a regional center or a project does not guarantee approval of an investor’s petition. USCIS approval also does not guarantee that the investor’s money will be returned. Compare regional center and direct EB-5 investment.
Are EB-5 Visas Available Now?
As of October 2026, EB-5 visas in the reserved categories are available for all countries without a waiting list. About 10,000 EB-5 visas are available each year, and part of them is reserved for three types of investment:
- Rural areas: 20 percent
- High-unemployment areas: 10 percent
- Infrastructure projects: 2 percent
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The other EB-5 visas are called unreserved visas. As of October 2026, unreserved visas have a waiting list for some countries, including China and India. A category that is available today may have a waiting list later.
The U.S. Department of State publishes visa availability each month in the Visa Bulletin. An investor’s place in line is set by the priority date, which is usually the date the investor’s petition was filed. See our monthly Visa Bulletin updates for current dates.
What Are the Steps in the EB-5 Process?
The EB-5 process has six main steps:
- Choose the investment and review its immigration requirements.
- Document the lawful source of the investment money.
- Make the investment and file Form I-526E (regional center) or Form I-526 (direct investment).
- Apply for the green card. Investors outside the United States apply through a U.S. consulate; this is called consular processing. Investors in the United States may apply without leaving the country; this is called adjustment of status.
- Receive a two-year conditional green card.
- File Form I-829 in the 90 days before the card expires to remove the conditions on the EB-5 green card and receive a 10-year green card.
USCIS approval of the investment petition does not by itself give the investor a green card. The visa must also be available, and the green card application must be approved.
Can You Apply for an EB-5 Green Card from Inside the United States?
Yes, in many cases. An investor who is in the United States in lawful status may be able to file for a green card at the same time as the EB-5 petition. This is called concurrent filing. A visa must be available for the investor’s category and country.
While the green card application is pending, the investor may ask for a work permit and a travel permit. Filing these requests does not allow work or travel until they are approved. Before filing, we review the investor’s status, immigration history, family situation, and travel needs.
Learn more about EB-5 concurrent filing.
How Do You Prove the Lawful Source of EB-5 Funds?
Every EB-5 investor must prove that the investment money was obtained lawfully. The investor must also show how the money moved from its source to the U.S. business. This is called the source and path of funds.
Common documents include:
- Employment and business records
- Tax returns
- Property sale or inheritance records
- Bank transfer records
- Gift or loan documents, with their own supporting evidence
A bank statement alone is generally not enough. Problems with source-of-funds evidence often cause delays and denials, so we recommend reviewing the documents before any money is transferred.
What Happens if an EB-5 Investment or Petition Fails?
An EB-5 case can fail in two ways: the business investment can fail, or USCIS can deny a petition. One problem can lead to the other. The options depend on the problem and the stage of the case.
A project may stop, change, lose money, or create too few jobs. USCIS may deny a petition because of project problems, source-of-funds problems, or other eligibility issues.
What Are the EB-5 Government Filing Fees?
EB-5 government filing fees increase for filings postmarked on or after November 30, 2026. The table below shows the main EB-5 fees before and after that date.
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We update this information regularly, but EB-5 fees have changed frequently in recent years. The amounts below are provided for general information only and should not be relied on for a filing. For every case we file, our office calculates the applicable government fees and informs the client of the exact amounts at the time of filing.
| EB-5 Form | Postmarked on or before November 29, 2026 | Postmarked on or after November 30, 2026 |
|---|---|---|
| Form I-526E (regional center investor) | $3,675 | $7,850 |
| EB-5 Integrity Fund fee (paid with Form I-526E) | $1,000 | $1,100 |
| Form I-526 (direct investor) | $3,675 | $7,615 |
| Form I-829 (removal of conditions) | $3,750 | $5,000 |
The new Form I-526 and Form I-526E fees include a $75 technology fee. The Integrity Fund fee is paid in addition to the Form I-526E fee. Fees for the green card application, biometrics (fingerprints and photo), and work and travel permits are separate.
Current amounts are also listed on the USCIS fee schedule (Form G-1055).
How Our EB-5 Investor Visa Lawyers Help
Our EB-5 investor visa lawyers represent EB-5 investors and developers. We focus on providing careful representation, honest assessments of your options, and clear, upfront fees. Most cases are handled for a flat fee.
For EB-5 investors, our lawyers:
- Review whether EB-5 or another investor visa fits the investor’s goals
- Review the immigration requirements of a proposed investment
- Document the source and path of the investor’s funds
- Prepare and file investment petitions, green card applications, and petitions to remove conditions
- Respond to USCIS requests for more evidence
- Advise on options when a project changes or a petition is denied
EB-5 investors should also get independent financial and securities advice before investing.
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For developers, we review the immigration requirements of EB-5 projects and the documents that support investor petitions. Learn about our EB-5 services for developers.
EB-5 Frequently Asked Questions
Do EB-5 investors have to live where the business is located?
No. EB-5 investors and their families may live anywhere in the United States. The EB-5 investor must take part in the business through management or policy decisions, but daily management is not always required.
Can an EB-5 investor’s family get green cards?
Yes. An EB-5 investor’s spouse and unmarried children under age 21 can get green cards in the same case. Special rules may protect a child who turns 21 during the process.
Can an EB-5 investor work in the United States while the case is pending?
A pending EB-5 petition does not give permission to work. An investor already working in a valid status, such as H-1B, can generally continue working in that status. An investor who files for a green card in the United States can also ask for a work permit.
Does investing the minimum amount guarantee an EB-5 green card?
No. USCIS must find that the EB-5 investment and the investor meet all requirements. A visa must also be available. The investor must also be admissible, which means not barred from the United States for reasons such as certain criminal or immigration violations.
How long must EB-5 money stay invested?
An EB-5 investment generally must stay invested for at least two years. The two-year rule is an immigration requirement. The two-year rule does not promise that the money will be repaid after two years; repayment depends on the project’s terms.
Is an EB-5 investment guaranteed to be repaid?
No. EB-5 law requires the investment to be at risk, which means the money could be lost. An investment with a guaranteed return does not qualify for EB-5.
How long does the EB-5 process take?
The EB-5 timeline depends on USCIS processing times, visa availability for the investor’s category and country, and the facts of the case. USCIS posts current processing times on its website. We can discuss expected timing during a consultation.
What happens if an EB-5 project fails?
The result depends on when the EB-5 project problem happens and what caused it. Options may include moving to a new project, changing the petition, or making a further investment. Learn about options when an EB-5 project fails.
What can an investor do if an EB-5 petition is denied?
A denied EB-5 investment petition may be challenged with a motion or an appeal, usually within 30 days, or filed again. After a Form I-829 denial, the investor may ask USCIS to reopen or reconsider the decision, and an immigration judge may review the denial. Deadlines are short, so the investor should contact a lawyer quickly.
What happens if Congress does not extend the EB-5 regional center program?
Regional center petitions filed on or before September 30, 2026 will continue to be processed. Regional center petitions filed later may be paused until Congress renews the program. Direct investment petitions are not affected.
Will the EB-5 minimum investment increase?
Yes. By law, the EB-5 investment amounts increase with inflation on January 1, 2027. The amount that applies depends on the date the petition is filed.
Current EB-5 Developments (as of October 2026)
Several EB-5 changes are scheduled over the next year:
- New USCIS filing fees apply to EB-5 filings postmarked on or after November 30, 2026.
- The minimum EB-5 investment amounts increase with inflation on January 1, 2027.
- The regional center program is authorized through September 30, 2027, unless Congress extends it.
- Regional center petitions filed on or before September 30, 2026 are protected if the program lapses. Petitions filed later do not have that protection.
See our EB-5 updates page for the latest developments.
Talk with an EB-5 Lawyer
Shihab Burke LLC Immigration Lawyers represents EB-5 investors and developers worldwide. Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
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