EB5 United has evolved into a global financial services firm providing both EB-5 and Private Equity investment opportunities. Acting as a fiduciary, we utilize our due diligence processes earned through various market cycles to navigate appropriate deal structures and provide global mobility for our clientele and their capital.
EB-5 Program
The Complete EB-5 Visa Guide for 2026
This guide covers what prospective investors most often research: investment minimums, the I-526E petition process, Rural TEA Priority Processing timelines, concurrent filing for U.S.-based applicants, visa backlog data by country, and how to evaluate an EB-5 Project.
Quick Navigation
Start with what matters most to you:
Watch · 23 min
Introduction
What Is the EB-5 Visa in 2026?
EB-5 is a Reliable Way to Achieve Permanent Residency in The United States
The EB-5 Immigrant Investor Program was created in 1990 to attract foreign investment to stimulate economic growth through job creation in the United States. The Program allows foreign nationals to make a qualifying investment into a new or existing U.S. commercial enterprise that creates 10 U.S. jobs to obtain a Green Card. EB-5 Investors and their families gain Permanent Residency to live and work anywhere in the United States. One EB-5 investment allows the main applicant, spouse, and any unwed children under the age of 21 to all obtain Green Cards.
Key Facts
- Created by U.S. Congress in 1990
- 10 U.S. jobs required per investor
- Green Cards for spouse and unmarried children under 21
- No language, education, or work history requirement
- Permanent Residency & pathway to citizenship
Benefits
EB-5 Visa Benefits in 2026
EB-5 is structured for the entire household, not just the principal applicant. A single investment can provide Permanent Resident status, work and travel freedom, family inclusion, and a path to U.S. citizenship.
Green Card for main applicant, spouse, and children under 21 at the time of application
Path to U.S. Citizenship if desired
Ability to work, travel, and live anywhere in the United States
Ability to enter and exit the United States as a Permanent Resident
Ability to start a business in the U.S. without immigration restrictions on the enterprise
Children of investors may study in U.S. public school system
No language or professional experience requirements
Depending on the immigrant's country of birth, the EB-5 may be the fastest way to get a Green Card in comparison to other paths like the EB-2/3
Investment Cost
EB-5 Visa Cost in 2026
The minimum qualifying amount for an EB-5 investment is contingent upon the Project location. In cases where the EB-5 Project is situated within a Targeted Employment Area (TEA), the requisite investment amount is $800,000. Conversely, for Projects outside of a TEA, investors are obligated to contribute $1,050,000 to secure a Green Card.
Targeted Employment Area
$800,000
INR ₹7.60 Cr
MX$ 13.60 M
R$ 4.14 M
Projects in Rural TEAs or High Unemployment Areas qualify for the lower minimum. Rural TEA EB-5 Projects may receive USCIS Priority Processing.
Lower Minimum + Priority Processing
Standard Investment
$1,050,000
INR ₹9.98 Cr
MX$ 17.85 M
R$ 5.44 M
Projects located outside a Targeted Employment Area require the higher investment threshold.
Additional EB-5 Costs & Filing Fees
As of September 2026
Form I-526E Filing Fee Includes $1,000 RIA Fee
US $4,675
Form I-485 Adjustment of Status
US $1,440
Form I-829 Removal of Conditions
US $3,750
Form DS-260 Consular Processing — verify current fee before filing
US $345
Biometrics Fee
US $85
Regional Center Administrative Fee
US $80,000
EB-5 Immigration Attorney Fees Estimate (varies by firm and case complexity)
US $20K–35K
Timeline
The EB-5 Visa Process & Timeline in 2026
The EB-5 Visa journey involves multiple stages, and the filing procedure varies as it depends on whether you reside within the U.S. or overseas. The 6 stages are the same overall, except for minor differences in Stage 4, which is why we've divided this section into 2 parts.
This will make it easy for both types of EB-5 investors to understand the EB-5 process and associated timelines from their specific point of view.
Toggle between the two paths below.
Step 03
9.5 Months
I-526E Petition Adjudication
Wait for I-526E Approval: EB5 United’s Rural EB-5 Projects have been getting Approvals within an average of ~9.5 months.
Step 3 of 6
Step 03
Month 3
Concurrent Filing (I-526E + I-485)
Concurrently File your I-526E and I-485 Change of Status. Most investors have these documents in hand within 3–4 months after filing.
Step 3 of 8
Priority Processing
What Is EB-5 Priority Processing in 2026?
On 15th March 2022, the Biden administration passed the EB-5 Reform & Integrity Act (RIA) of 2022. The law requested USCIS, the government agency that oversees lawful immigration, to reduce the processing time for I-526E Petitions under what is termed “Priority Processing” for Rural TEA Designated Projects. Rural areas are defined as towns with less than 20,000 people located in a county that does not have a metropolitan statistical area. Non-rural EB-5 investments continued to be processed under normal processing.
Under the EB-5 Reform and Integrity Act of 2022 (RIA), only Rural TEA Projects receive prioritized adjudication by USCIS. Historical adjudication data for Rural TEA petitions has shown processing times on average >2 years faster than investors in non-Rural TEA projects, though processing timelines vary and are not guaranteed.
Standard Adjudication
~27
Months
USCIS non-Rural average
Standard EB-5 adjudication queue. No set-aside visa priority.
Priority · Rural TEA
9.5
Months
77.2% approved within 12 months
Based on EB5 United’s internal adjudication data. Individual timelines vary.
USCIS I-526E Processing Speed
Standard (Non-Rural)
~27 mo
Priority · Rural TEA (EB5 United)
9.5 mo
Fastest EB5U Rural TEA Approval
~1 mo
EB5 United Rural TEA average: ~9.5 months. Non-Rural standard average: ~27 months. Past performance is not predictive of future timelines.
The RIA also implemented “Reserved” visa set-aside visa categories that are allocated 32% of EB-5 visas each fiscal year. These Reserved visas are available outside of the general “Unreserved” visa category, which allows investors from backlogged countries India and China to circumvent the backlogs in the Unreserved visa category. The reserved allocation is as follows:
Rural TEA20% visa set-aside
High Unemployment Area10% visa set-aside
Infrastructure2% visa set-aside
Concurrent Filing
Concurrent Filing for U.S. Applicants in 2026
Concurrent filing allows EB-5 investors already in the United States to submit Form I-526E (petition) and Form I-485 (adjustment of status) at the same time, skipping consular processing abroad and pursuing a green card without leaving the country. Eligible applicants may also apply for Employment Authorization Documents (EAD) and Advance Parole (AP) travel authorization while their EB-5 petition remains pending.
Understanding Adjustment of Status Discretion in 2026
On May 21, 2026, USCIS issued a policy memo reaffirming that Adjustment of Status (Form I-485) is a discretionary benefit, not an automatic right. For EB-5 investors currently in the U.S. on nonimmigrant visas (F-1, E-2, B-2, O-1, TN), concurrent filing remains available but now comes with heightened scrutiny.
USCIS Officers are directed to weigh the totality of an applicant’s immigration record. Investors in dual-intent categories such as H-1B and L-1 are explicitly acknowledged as compatible with pursuing adjustment. Those entering on other nonimmigrant visas should consult qualified immigration counsel to assess their individual circumstances before filing Form I-485.
Rural Set-Aside
Rural EB-5 Set-Aside in 2026
An important post-RIA pathway within the EB-5 Program. EB5 United developed Rural EB-5 Projects prior to the RIA’s creation of the 20% Rural visa set-aside category, and post-RIA adjudication trends have contributed to continued investor interest in Rural TEA Projects.
EB5 United
Post-RIA Track Record
9.7
Month
Average
I-526E
Average
I-526E
900+
Post-RIA I-526E
Approvals
Approvals
78%
Approved within
12 months
12 months
510+
I-829 Approvals
(Permanent Res.)
(Permanent Res.)
20%
Annual EB-5 visas
reserved for Rural
reserved for Rural
Processing Time Comparison
Rural TEA avg.
~9.7 mo
vs.
Non-Rural avg.
~31.3 mo
Based on EB5 United internal data. Past performance is not a predictor of future timelines.
Rural TEA Adjudication Trends
The RIA reserves 20% of annual EB-5 visas for qualifying Rural TEA investors and directs USCIS to prioritize adjudication of eligible petitions. EB5 United's portfolio of Rural TEA Projects has produced 893+ post-RIA I-526E approvals, with certain recent adjudications averaging approximately 9.7 months. Historical processing data is not predictive of future adjudication timelines.
For investors from backlogged countries such as India and China, Rural TEA set-aside visas may also provide improved visa availability compared to the standard EB‑5 category, subject to visa bulletin movement and availability.
Form I-526E
Form I-526E in 2026: The Investor Petition
Form I-526E (Immigrant Petition by Regional Center Investor) is the first major immigration filing in the EB-5 process. The petition provides evidence that the investor’s capital was lawfully sourced and that the underlying Project is expected to create the required jobs under the EB-5 Program.
Key Elements Reviewed by USCIS5 Review Areas
- Source of Funds (SOF): investor capital was lawfully obtained and documented.
- Capital at risk: investment has been deployed and remains “at risk” in the New Commercial Enterprise (NCE).
- Job creation: the Job Creating Entity (JCE) is projected to create at least 10 qualifying U.S. jobs per investor.
- TEA qualification: the Project qualifies under an applicable TEA category (Rural, High Unemployment Area, or Infrastructure), if relevant.
- Business plan: a Matter of Ho compliant business plan supports the Project’s job-creation and timeline assumptions.
Form I-485
Form I-485 in 2026: Adjustment of Status
Form I-485 (Application to Register Permanent Residence or Adjust Status) is filed by EB-5 investors who are physically present in the United States and eligible to adjust status under applicable immigration laws. Under the EB-5 Reform and Integrity Act of 2022 (RIA), certain eligible investors may file Form I-485 concurrently with Form I-526E.
Concurrent I-485 filers may also apply for an Employment Authorization Document (EAD) and Advance Parole (AP) travel authorization while the underlying I-526E petition remains pending. In many cases, EAD and AP are received within 3-9 months of filing.
Key Elements Reviewed by USCIS5 Review Areas
- Physical presence: investor is physically present in the United States and eligible to adjust status.
- Admissibility: investor satisfies medical, criminal, and security-related admissibility requirements.
- Visa availability: an EB-5 immigrant visa is immediately available, or the application is properly filed concurrently with Form I-526E under applicable regulations.
- Documentation consistency: supporting immigration and investment documentation aligns with the underlying I-526E petition.
- Biometrics & medical: biometrics, civil documents, and Form I-693 medical examination requirements have been satisfied.
Form I-829
Form I-829 in 2026: Removing Conditions
Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) is the final filing in the EB-5 process. The petition demonstrates that the investment was sustained and that the required jobs were created in accordance with EB-5 Program requirements.
Approval of Form I-829 removes the conditions on the investor’s permanent resident status, granting unconditional lawful permanent resident status. EB5 United has secured 510+ I-829 approvals to date.
What Form I-829 Demonstrates4 Review Areas
- Sustained investment: the EB-5 capital was sustained for the applicable Sustainment Period. For Pre-RIA Investors, this is 2 years after obtaining the Green Card. For Post-RIA Investors, this is simply 2 years after all $800,000 is loaned to the Project.
- Job creation: at least 10 qualifying U.S. jobs were created per investor.
- Program compliance: the investor remained in compliance with EB-5 Program requirements throughout the holding period.
- Capital at risk: investment capital remained “at risk” throughout the applicable Sustainment Period.
Regional Center
The Regional Center Program in 2026
Congress created the Immigrant Investor Program or "Regional Center Program" in 1993. The Regional Center Program sets aside EB-5 visas for investors who invest in a commercial enterprise structured by approved "Regional Centers" designated by USCIS to help promote economic growth.
The creation of the Regional Center Program allowed investors to pool EB-5 money and utilize job creation models. Regional Centers allowed institutions to provide deal access to EB-5 investors, and EB-5 investors were able to make passive investments with developers that have strong track records. Who people refer to as the Regional Center for a project is often the Investment Issuer, and the Investment Issuer is responsible for issuing the investment and ensuring that it meets the USCIS requirements.
EB5 United
·
Track Record
15+ years of EB-5. One of the largest USCIS-designated Regional Centers.
900+
I-526E Approvals
(Post-RIA)
(Post-RIA)
$2.2B+
EB-5 Funds Raised
Since 2011
Since 2011
3,000+
Green Card
Approvals
Approvals
510+
I-829
Approvals
Approvals
27,000+
U.S. Jobs
Created
Created
2,500+
Investors
Served
Served
50+
Countries
19
Total
Projects
Projects
$194M
Capital
Repaid
Repaid
Project Due Diligence
Evaluating an EB-5 Project in 2026
Not every EB-5 Project is structured the same. Five key questions can help investors evaluate the structure and risk profile of an EB-5 Project.
01
Regulatory
What is the Regional Center's operating history?
Verify USCIS designation, operating history, and historical project performance.
02
Track Record
Does the Regional Center have a track record of I-526E and I-829 approvals?
Prior USCIS approvals may provide insight into how the underlying Project structure has performed historically.
03
Structure
Is the capital stack transparent and senior?
Look for first-position senior lending, significant developer equity, and a clearly defined collateral structure.
04
Job Creation
Is there a sufficient job creation cushion?
A project should ideally create well above the minimum 10 jobs per investor. A “job cushion” may help protect against potential shortfalls.
05
Exit Plan
Is there a clear, credible exit and repayment plan?
Multiple repayment pathways, including sale, refinance, IPO, or operating cash flow, may reduce single-point exit risk.
EB-5 Attorney
Working With an EB-5 Attorney in 2026
The EB-5 Program is one of the fastest ways to obtain a U.S. Green Card. However, obtaining an EB-5 visa is a highly complex, regulated process that requires careful planning, strategic decision-making, and strict compliance with United States Citizenship and Immigration Services (USCIS). Mistakes can be costly, leading to delays and even denial of your application.
Choosing the right EB-5 attorney is one of the most critical decisions you will make as an EB-5 investor. An experienced legal advisor not only ensures compliance with USCIS requirements, but also helps you evaluate the immigration requirements of an EB-5 Project, manage government interactions, and stay compliant throughout the process.
EB5 United does not provide legal advice and is not a law firm. Investors should retain independent EB-5 immigration counsel before proceeding with an investment.
What to Look for in an EB-5 Attorney
- EB-5 specialization rather than general immigration practice
- Direct experience with Form I-526E and Source of Funds documentation in your country of origin
- Established experience working with Regional Center-based EB-5 offerings
- Experience across a range of investor profiles and source-of-funds structures
- Clear legal fee structures, often ranging from approximately $20K–$35K depending on case complexity
Requirements
EB-5 Visa Requirements for Investors in 2026
The EB-5 visa has no language, education, or employer-sponsorship requirement. Requirements center on capital, Source of Funds, and job creation. Below are the four core requirements every EB-5 investor must meet.
01
Qualifying Investment Amount
$800,000 for a project in a Rural TEA or High Unemployment Area; $1,050,000 for a standard project outside a TEA. The investment must remain at risk throughout the sustainment period.
02
Lawful Source of Funds
The investor must document that capital was lawfully earned or obtained. Acceptable documentation typically includes tax returns, bank statements, sale agreements, gift affidavits, or business records,reviewed by an immigration attorney.
03
10 Full-Time U.S. Jobs Created
The investment must create or preserve at least 10 full-time positions for qualifying U.S. workers, per investor. For Regional Center investments, indirect and induced job creation (calculated via USCIS-approved methodology) counts toward this requirement.
04
New Commercial Enterprise (NCE)
The investment must be made into a New Commercial Enterprise,typically the fund entity managed by a USCIS-designated Regional Center. The NCE then deploys capital into the Job Creating Entity (JCE) that conducts the underlying project.
No language, education, or employer-sponsorship requirement. Unlike EB-1, EB-2, or H-1B, the EB-5 visa requires no English test, no degree credential, no employer petitioning on your behalf, and no extraordinary achievement. The pathway is open to any qualified investor regardless of occupation, nationality, or prior U.S. experience.
FAQs
EB5 Visa FAQs in 2026
The questions people ask most about the EB-5 visa.
The goal of a typical EB-5 investor is to obtain a Green Card and receive their investment principal back. Well-structured EB-5 offerings have a structured exit strategy in which the EB-5 investors are repaid in-full plus interest. Even though EB-5 investments need to be “at-risk” that does not mean that the investment needs to be inherently “risky”.
If you’re on a H-1B/F-1/L-1A or any other non-immigrant type visa, obtaining a Green Card via the EB-5 Program is the best way to secure you and your family’s future in the United States. Even though you may have an EB-2/3 petition pending, the current wait times are decades long and can often result in you not being able to obtain a Green Card. Obtaining a Green Card also removes the threat of constant non-immigrant visa renewals every three years and greatly lowers the risk of having to leave the country if there is a change with your visa program, job, or personal life in any way. Using EB-5 to speed up the Green Card process is especially important for individuals on H-1B status who must continuously extend their status and contend with limited career flexibility.
EB-5 Projects assume many different business models and operate within many different industries.
Types of EB-5 Projects include:
- Mixed-use retail
- Hotels
- Sports stadiums
- Restaurants
- Agricultural developments, including wineries and farms
- Electric vehicle manufacturing
- Senior Living
- Manufacturing
- Biotech and medical technologies
- Casinos
- Entertainment venues
- Convention centers
- Office buildings
Investor Stories
Real Results from EB5 United Investors
Read EB5 United reviews from families and investors across the globe. See how their EB-5 visa journey helped them secure U.S. Residency, unlock business opportunities, and build a brighter future for the people they love.
“
Duncan — 5 months since we filed our application! Fast approval wouldn't have been possible without the credibility of a strong project like Yellowstone Club!! Thank you and your team for making this process as easy as possible!
MH
M. H. · India · August 2025
Yellowstone Club Phase II · I-526E approval in less than 5 months · I-485 approval in 5.2 months
“
All interest was paid in full, the project was delivered on schedule, and my investment was completely returned. My family and I are deeply grateful for the success of the project, and most importantly, we are now living in the United States with our permanent Green Cards!
LC
L. C. · China · September 2025
Marriott Residence Inn & Courtyard · Green Cards Received · EB-5 Investment Fully Repaid
“
Duncan, I can't thank you enough for always being available and all your help in achieving Green Card — permanent residence status. Let's connect and celebrate one day soon!!
MA
M. A.
Canada · August 2025
Disclaimer: The individuals referenced in these testimonials are current investors in EB-5 projects and have not received any compensation or incentives for providing their feedback. Their testimonials reflect their personal experiences and opinions. These testimonials should not be considered as guarantees of future performance or results.
Why EB5 United
At EB5 United, our philosophy revolves around being a fiduciary for our EB‑5 investors. We employ a loan model strategy with high equity investment from well-capitalized developers, a structure designed to help manage investor risk. It is a structure we’ve made non-negotiable across 15+ years and $2.2B+ in capital raised.
Scott Fuller
CEO & Partner · EB5 United
Disclaimer: This is for informational purposes only and does not constitute an offer to sell, a solicitation of an offer to buy, or a recommendation of any security or investment product. This is not a general solicitation or general advertisement. Any securities offering is made exclusively through a confidential Private Placement Memorandum ("PPM") delivered to qualified investors on a private basis. Investment in an EB-5 project involves risk, including the potential loss of principal. Immigration benefits are not guaranteed. Information herein is based on current laws and USCIS policies as of the date of publication and is subject to change. The content does not constitute legal, tax, financial, or immigration advice. Prospective investors should consult their own qualified legal, tax, and immigration advisors before making any decisions. Past performance is not indicative of future results. Processing times are estimates based on publicly available data and may vary significantly depending on individual circumstances and USCIS workload.
EB-5 for F-1 & H-1B Visa Holders
Plan your family's future in the U.S.
Talk to our team about how the EB-5 Program works, what it costs, and how it compares to other employment-based pathways.
Chinese (Simplified)
Chinese (Traditional)
English
French
Hindi
Korean
Spanish
Portuguese (Brazil)
Turkish
Vietnamese