The EB-5 Immigrant Investor Visa allows foreign nationals to obtain US green cards by investing in a US business that creates jobs for US workers. Created by Congress in 1990 to stimulate the US economy through foreign investment.

Official USCIS Fee (effective 2024-04-01)

Verified source: Federal Register 2024-01427

Filing fee

  • Fee: $11,160

EB-5 Regional Center investor petition

Verify current fee

⚠️ USCIS fees can change. Verify the current fee before filing at:

Two investment levels

Standard Investment: $1,050,000 (2024 figures)

In any US business creating 10 full-time jobs for US workers.

Targeted Employment Area (TEA): $800,000

In businesses located in:

  • High unemployment area (150%+ of national average)
  • Rural area (population under 20,000)

TEA provides $250,000 discount but limits where you can invest.

Two participation models

Direct Investment

You actively manage the business yourself:

  • More control
  • More risk
  • Requires hands-on business experience
  • 10 direct full-time employees required
  • Typical examples: hotels, manufacturing, agribusiness

Regional Center (passive)

You invest in a USCIS-approved Regional Center project:

  • Passive investment (no hands-on management)
  • 10 jobs can be direct + INDIRECT + INDUCED (much easier to count)
  • Typical examples: large real estate, infrastructure, industrial parks
  • Currently SUSPENDED periodically — verify status

Eligibility

  1. Source of funds documented as lawful (most rigorous part)
  2. Investment is “at risk” — could lose money in business venture
  3. 10 jobs created OR maintained for US workers (employees)
  4. Lawful immigrant intent
  5. Cannot be involved in fraudulent activity

The process

Phase 1: Investment + I-526E filing (12-24 months)

  1. Choose investment (direct or Regional Center)
  2. Document source of funds (this takes 6-12 months — bank records, tax returns, gift letters, sale records)
  3. Make investment ($800K-$1.05M)
  4. File Form I-526E (Immigrant Petition by Investor) with USCIS
  5. Wait for I-526E approval (12-24 months)

Phase 2: Conditional green card

After I-526E approved:

  • Apply for conditional permanent residency
  • If outside US: consular processing (DS-260)
  • If in US legally: AOS via I-485
  • Receive 2-year conditional green card

Phase 3: Remove conditions (after 21 months)

  • Form I-829 (Petition to Remove Conditions on Status)
  • Filed 90 days before conditional green card expires
  • USCIS verifies: jobs created/maintained, investment sustained, business continues
  • If approved: permanent (10-year) green card

Phase 4: Naturalization

  • 5 years after initial green card date
  • Form N-400, $760 fee
  • Same as any other naturalization

Family included

Your spouse and unmarried children under 21 receive derivative green cards. They get:

  • Green cards
  • Work authorization
  • Path to citizenship
  • US education at in-state tuition rates

Cost breakdown (2024)

ItemCost
Investment$800,000 - $1,050,000
USCIS Filing Fees (I-526E, I-485, I-829)~$13,000-$15,000
Immigration attorney$25,000-$75,000
Source of funds documentation/accountants$5,000-$25,000
Business setup costs (direct only)$50,000-$500,000+
Total$830,000 - $1,250,000+

Critical risks

  1. Investment fails — you may lose money
  2. USCIS denies I-526E — you may lose investment + filing fees
  3. Jobs aren’t created — green card not approved at I-829
  4. Fraudulent operator — some Regional Centers have been scams

What to AVOID

  • Buying a “shelf company” to make it look like you invested
  • Investing in unverified Regional Centers (check USCIS approved list)
  • Hiding source of funds — biggest cause of denials
  • Returning funds to investor before 5+ years — violates “at risk” requirement
  • Hiring family members as the 10 employees (must be unrelated US workers)

Resources

Last verified: 2026-05-25.

← See all paths to legal status

General procedural information based on official sources. Not personalized legal advice.