U.S. Investor Immigration • New York Immigration Lawyer

How to Get an EB-5 Green Card: Investment Requirements, Business Options, Funding and Processing Times

Prepared for the Law Office of Alena Shautsova • Updated November 8, 2026

Your investment should support a carefully planned immigration strategy. Whether you are building a U.S. business, considering a regional center project, or looking for a permanent solution beyond E-2 or O-1 status, EB-5 deserves a close legal review before you commit capital.

The most expensive mistakes often happen before the petition is filed: transferring funds without preserving the records, assuming an existing company’s value counts as an investment, or relying on a payment plan that does not establish eligibility.

What are the main EB-5 investment options?

EB-5 offers two principal structures: a standalone investment in your own qualifying enterprise, and an investment through a USCIS-designated regional center. The choice affects control, documentation, and how jobs are demonstrated. [3]

For post-reform regional center investments, no more than 90% of the job requirement may be satisfied with estimated indirect jobs; special rules also limit the use of shorter construction activity. A job report should address the applicable rules and provide a realistic cushion above the minimum. [1]

Practical recommendation: choose the structure after reviewing your immigration needs and ability to evaluate the business. Someone who wants operational control faces different decisions from a family primarily seeking residence through a professionally managed project.

What is the minimum EB-5 investment in 2026?

These are investment amounts, not an all-inclusive immigration budget. Legal fees, government fees, regional center administrative charges, translations, and professional reports require separate planning. A regional center investment does not automatically qualify for the lower amount. [2]

High-unemployment qualification involves an unemployment rate of at least 150% of the national average under the statutory geographic methodology. Rural qualification has a specific metropolitan-area and population definition. An infrastructure project must meet the statutory governmental/public-works definition; a developer’s marketing label is insufficient. [1]

2026 fee update: a final EB-5 fee rule published September 30, 2026 states an effective date of November 30, 2026. Budget using the fee schedule and instructions applicable when you submit the case, including any intervening court orders. [4]

What are the EB-5 eligibility criteria?

1. A qualifying commercial enterprise and investor role

The investment must involve a qualifying for-profit commercial enterprise. A business established after November 29, 1990 can meet the “new” enterprise definition even if it has operated for years. Older enterprises require a separate restructuring or expansion analysis. The investor must have the required management role, which may include qualifying policy-making participation rather than daily operations. [5]

2. The required capital must be lawfully obtained and at risk

Having sufficient personal wealth is not enough. The petition needs a documented qualifying contribution and a lawful source and transfer history. Cash, certain tangible assets, and other qualifying capital require appropriate valuation and evidence. Capital subject to a prohibited guaranteed repayment arrangement may fail the at-risk requirement. [5] [6]

3. At least 10 qualifying full-time jobs

Full-time generally means a position requiring at least 35 hours weekly. The investor, spouse, children, independent contractors, and nonimmigrant workers do not count as qualifying employees. Combining unrelated part-time positions does not ordinarily create a qualifying full-time job. Direct-investment cases need a credible plan connecting the capital to the required employment. [5]

For the ordinary job-creation route, the petition must establish that the required jobs have been created or will be created within the applicable period, generally two years in connection with conditional residence. At removal of conditions, any reliance on jobs expected within a reasonable period requires supporting evidence. Do not assume an open-ended hiring schedule will qualify. [5] [16]

4. Eligibility for permanent residence

An approved investor petition does not resolve inadmissibility, prior misrepresentation, or adjustment-of-status restrictions. Review arrests, previous visa filings, entries, overstays, employment history, and removal proceedings before choosing the filing strategy. Some status violations may fall within a statutory exception, including INA 245(k), but the exception must be evaluated against the actual record. [7]

Can your existing business be used for EB-5?

Potentially, yes. An existing U.S. business can support an EB-5 case if the enterprise, your qualifying capital, and the employment evidence meet the applicable requirements. Owning a successful company alone does not establish eligibility.

Start with a business audit: when was it formed, what did you personally contribute, where did that money originate, how was it used, and which jobs resulted? Separate original capital from business receipts, shareholder loans, distributions, and money contributed by other owners.

For an enterprise predating November 29, 1990, qualifying reorganization or expansion may be relevant. The expansion regulation uses a 40% increase in net worth or employees, but this does not eliminate the separate minimum-investment and 10-job requirements. [5]

Illustrative example: you own a business formed in 2021 and plan a new location. We would examine documented historical contributions, proposed additional capital, the relationship between the locations, qualifying employment, and the investment threshold. A $1.5 million business valuation would not answer those questions.

What if the company already has 10 employees?

Do not assume existing payroll automatically satisfies EB-5. The analysis must establish qualifying job creation attributable to the investment. Purchasing an operating business with its existing workforce is different from creating new employment. A narrowly defined troubled-business job-preservation framework appears in existing regulations. The definition generally requires at least two years in existence and a qualifying net loss of at least 20% of pre-loss net worth during the relevant preceding 12- or 24-month period. This route requires specialized analysis of the business, preserved jobs, and applicable current policy. [5]

The July 2026 proposed rule includes changes affecting troubled businesses. It is a proposal and should not be presented as an effective replacement rule. [8]

Can you use a loan for EB-5?

Yes, lawfully obtained loan proceeds can potentially qualify. USCIS’s July 2021 policy update treats invested loan proceeds as cash rather than automatically applying its former secured-indebtedness interpretation. Do not rely on outdated statements that every cash loan must be secured by the investor’s personal assets. A contributed promissory note involves a different analysis. [9]

Prepare the loan agreement, disbursement records, bank statements, and a complete transfer trail. For a nonbank lender, statutory donor/lender records may also be required. Gifted or borrowed money must be provided in good faith and cannot be used to bypass lawful-source requirements. [1]

Practical recommendation: have the financing reviewed before signing. Consider repayment capacity, interest, collateral, related-party terms, and what happens if immigration adjudication or project repayment takes longer than expected. A financing arrangement that is commercially available may still be unsuitable for your immigration plan.

Also distinguish borrowing money to make your investment from lending money directly to the EB-5 enterprise in exchange for its repayment obligation. The latter may be a prohibited debt arrangement rather than a qualifying capital contribution. [5]

Can your parents give you the EB-5 investment money?

Yes. A genuine, lawfully sourced parental gift can potentially fund EB-5. A transfer from a parent’s bank account is only part of the evidence. The statutory inquiry reaches the donor’s source of funds. [1]

A useful preparation file includes:

• A signed gift document identifying the donor, recipient, amount, relationship, and terms.
• Evidence showing how the parent accumulated the funds, such as earnings, business distributions, or a property sale.
• Relevant tax filings, ownership records, and underlying transaction documents.
• Statements tracing the money from its source through each transfer into the investment.
• Translations and explanations for name differences, joint accounts, or third-party transfers.

Illustrative example: a parent sells an apartment and gifts the proceeds. Build the evidence around the parent’s ownership and acquisition history, sale, receipt of proceeds, gift, and final investment transfer. Preserve these documents before closing old accounts.

Immigration documentation and tax reporting involve separate questions. Obtain tax advice about reporting obligations applicable to the donor and recipient.

What other funding sources should you document?

Prepare a source-of-funds map for each component: employment savings, business distributions, asset-sale proceeds, inheritance, gifts, or loans. The map should identify the original source, supporting records, intermediate accounts, currency conversion, and final recipient.

Do this before moving money. Old statements, business ownership documents, and property records can take time to obtain. If records are missing, identify the gap and discuss evidence alternatives before deciding that the case is ready.

When must the EB-5 investment be complete?

There is no universal rule allowing every investor to file with a small deposit and fund the balance later. The law recognizes capital already invested or actively in the process of being invested. The evidence must establish a present qualifying commitment; a future intention or tentative arrangement is insufficient. [6]

For a proposed installment arrangement, ask counsel to analyze the investment documents, actual transfers, committed capital, funding conditions, and legal sufficiency at filing. Acceptance of a deposit by a project is not a USCIS eligibility determination.

What is the minimum amount you can start with?

You can begin legal planning before you have transferred the full investment. There is no separate reduced statutory “starter” EB-5 investment. The required qualifying total remains $800,000 or $1,050,000 under current thresholds. A proposed $200,000 initial payment, for example, requires a case-specific analysis and does not itself establish eligibility. [2] [6]

Practical recommendation: distinguish three milestones in writing: engaging counsel, signing investment documents, and filing a legally supportable petition. A sales reservation deadline should not dictate whether your evidence is ready.

How long must your money remain invested?

For post-March 15, 2022 filings, USCIS guidance interprets the minimum two-year period as beginning when the full qualifying investment is contributed and placed at risk, including availability to the job-creating entity as appropriate. Job creation remains a separate requirement. Pre-reform cases have different sustainment rules. [10]

The two-year immigration standard does not promise repayment after two years. Project contracts, financing, job creation, and applicable legal requirements can require a longer commitment. Obtain a legal review before withdrawing capital.

Can you move from E-2 status to an EB-5 green card?

Yes, an E-2 investor may pursue EB-5 if independently eligible. E-2 approval does not establish that the investment amount, funding records, or jobs meet EB-5 requirements. Treat the proposed EB-5 case as a fresh legal and financial analysis.

Can your original E-2 investment count toward EB-5?

Potentially. Previously contributed personal capital should be audited for EB-5 eligibility rather than automatically excluded or automatically counted. Review its source, contribution dates, use, continuing investment, and related job creation. The earlier E-2 record is useful evidence, but it does not bind USCIS on EB-5 eligibility. This is an application of the qualifying-capital and enterprise requirements to your facts. [5] [6]

Illustrative example: assume $300,000 of documented prior E-2 capital is confirmed to qualify. For an otherwise qualifying $800,000 EB-5 case, the arithmetic difference is $500,000. That calculation is useful only after validating the original capital, applicable threshold, investment structure, and jobs.

Do business profits or increased company value count?

Do not equate retained earnings with a new personal capital contribution. USCIS has expressly distinguished reinvested business revenues and resulting appreciation from qualifying investor capital. Its 2010 engagement summary addresses this E-2-to-EB-5 issue; its old dollar figures should not be used for current filings. [11]

Actual lawful distributions followed by a proposed personal reinvestment require separate review. A bookkeeping entry or circular transaction should not be assumed to solve a capital shortfall.

Will an EB-5 petition affect your E-2 visa?

E-2 requires intent to depart when E status ends. The domestic regulation does not permit denial solely because an immigrant petition was filed or approved, while consular guidance requires an immigrant-petition beneficiary to establish the necessary departure intent. Coordinate visa renewal, adjustment filing, and travel before proceeding. [12] [13]

Can you apply for EB-5 while in O-1 status?

Yes. The O-1 regulation provides that an immigrant preference petition is not itself a basis to deny an O-1 petition, extension, admission, or change of status. You must still satisfy O-1 requirements and separately qualify for permanent residence. [12]

Ownership or investment does not expand your O-1 employment authorization. Before personally running a new company, evaluate the proposed work against your approved employment arrangement. For an O-1 holder, it is also sensible to compare EB-5 with an independently supportable EB-1A or other immigrant strategy.

Can O-1 or E-2 holders file EB-5 and adjustment together?

Concurrent filing may be possible when the investor qualifies for adjustment and a visa is available under the applicable filing rules. INA 245(n) authorizes concurrent or later adjustment filing in qualifying EB-5 cases. An investor petition alone does not grant lawful status, employment authorization, or permission to remain indefinitely. [7]

Travel requires special care: an O-1 or E-2 visa does not itself protect a pending I-485 from abandonment after departure. Generally obtain advance parole before traveling with adjustment pending, after reviewing your individual circumstances. The regulation’s relevant H/L travel exception does not extend to O-1 or E-2. [14]

How to apply for an EB-5 green card: the major steps

1. Review the family and immigration record. Identify status deadlines, children’s ages, prior filings, and any admissibility concerns.
2. Select the structure and review the investment. Compare a direct enterprise with a regional center offering and confirm the proposed reduced-investment basis if applicable.
3. Build the funding record. Organize source documents and trace transfers before committing funds.
4. Make and document the qualifying investment. Review ownership, subscription, escrow, and other relevant agreements.
5. File Form I-526 or I-526E. The regional center route also depends on the associated project application. [3]
6. Pursue adjustment or consular processing. Eligible U.S. applicants may use Form I-485; applicants abroad generally proceed through the National Visa Center and immigrant visa process after petition approval and subject to visa availability. [7] [15]
7. Obtain conditional permanent residence and prepare Form I-829. The initial residence is conditional. File to remove conditions during the 90-day period immediately before its second anniversary. Preserve investment and employment evidence throughout the case. [16]

How long does EB-5 take? USCIS processing times explained

Plan around separate stages: petition adjudication, visa-number availability, adjustment or consular processing, and later removal of conditions.

Official historical benchmark: USCIS’s FY2026 historical table, covering October 1, 2025 through August 30, 2026, reports these national medians for completed cases:

These historical medians are not current-case forecasts or the live tool’s processing estimates. USCIS cautions that I-526E data reflects petitions whose associated I-956F has already been adjudicated. The I-485 figure is employment-based overall, not EB-5-specific. Do not add the medians to promise a completion date. [17]

Check the USCIS Case Processing Times tool using the relevant form and category when assessing an individual case. The figures above are historical benchmarks; obtain a fresh estimate for the actual form and category rather than treating them as a waiting-time promise. [18]

Do rural projects receive faster processing?

USCIS’s published guidance distinguishes rural reserved visas from priority processing: it interprets rural priority adjudication as applying to regional center I-526E petitions. A qualifying standalone rural case may access the rural visa reservation without receiving that I-526E processing treatment. Priority does not establish a guaranteed approval date. [19]

How does the Visa Bulletin affect the timeline?

The November 2026 bulletin lists rural, high-unemployment, and infrastructure EB-5 set-asides as current across the listed chargeability areas. Unreserved EB-5 has cutoffs for mainland China and India. These are distinct queues, and availability can change. Country chargeability usually follows birth, subject to exceptions. Confirm both the State Department bulletin and USCIS’s selected filing chart before filing adjustment. [20]

How do you evaluate an EB-5 regional center project?

USCIS designation does not mean the government endorses an investment’s financial quality. The SEC and USCIS warn against promises of guaranteed immigration outcomes or investment returns. [21]

For a practical review, request:

• The offering and subscription documents, management information, and full fee disclosures.
• Evidence concerning regional center standing and project filing or approval.
• A business plan, economic job report, job allocation method, and project schedule.
• Financing documents showing developer equity, senior debt, and the EB-5 investment’s position.
• Escrow, deployment, repayment, extension, and redeployment terms.
• An explanation of what happens after a petition denial, project delay, or financing shortfall.

Practical recommendation: have immigration counsel assess immigration eligibility and obtain independent financial or securities advice when needed. Require answers tied to the actual documents. Marketing statements should be checked against the contract you will sign.

Your EB-5 consultation preparation checklist

Make the first consultation more productive by bringing:

• Passports, I-94s, current approvals, visa records, and earlier immigration filings.
• A family list with dates of birth and countries of birth.
• A one-page timeline of U.S. entries, employment, and status changes.
• A proposed investment budget and list of funding sources.
• Gift or loan documents and available source-of-funds records.
• For an existing business: formation documents, ownership history, tax returns, contribution records, payroll, and the business plan.
• For a regional center project: offering documents and project application information.
• Any prior RFE, notice of intent to deny, denial, or explanation of missing records.

Ask for a review of the investment threshold, supportable funding amount, documentation gaps, job evidence, filing route, family timing, and next actions before funds move.

Why involve an EB-5 lawyer before investing?

An EB-5 lawyer should connect the proposed transaction with the family’s immigration record. The review should address whether the capital qualifies, whether the evidence supports the investment and jobs, and whether the applicant can obtain permanent residence through the planned route.

If you already filed, a focused second opinion can examine an RFE, a funding issue, an E-2 business transition, or a proposed change to your investment. Bring the complete filed record and notices so the advice can address the actual case.

EB-5 green card FAQs

General educational information, current to the stated update date. Individual eligibility depends on the facts and applicable law. Examples are hypothetical. Investment thresholds, fees, visa availability, processing statistics, and agency guidance should be checked again before filing.

Official legal and government sources

This guide relies on statutes, regulations, USCIS materials, State Department guidance, and the SEC’s investor education materials. Some older regulations and government summaries retain superseded dollar figures; the post-reform statute controls the investment thresholds. Historical USCIS engagement materials are identified as such. The July 2026 substantive rulemaking is identified as proposed.

1. 8 U.S.C. §1153(b)(5), (d), and (h) — investment, employment, reserved categories, source of funds, and derivative provisions.
2. U.S. Code, INA §203(b)(5)(C) — current minimums and automatic adjustment.
3. 9 FAM 502.4-5 — investor immigrant classification and processing framework; see also statutory regional center provisions in source 1.
4. September 30, 2026 EB-5 Fee Final Rule — stated November 30, 2026 effective date.
5. 8 CFR §204.6 — enterprise, employment, management, and evidence provisions; read with the later statute and controlling policy.
6. USCIS AAO, Matter of Q-L-, March 16, 2018 — nonprecedent illustration quoting the present-commitment and at-risk standards; not used for current dollar amounts.
7. 8 U.S.C. §1255, including (a), (c), (k), and (n) — adjustment eligibility and concurrent filing.
8. July 2, 2026 EB-5 Notice of Proposed Rulemaking — proposed substantive reforms, not treated as effective law.
9. USCIS Policy Alert PA-2021-15, July 22, 2021 — treatment of loan proceeds as cash.
10. USCIS official October 2023 guidance announcement — post-reform sustainment interpretation; see also the September 2026 final-rule discussion in source 4.
11. USCIS June 2010 EB-5 engagement summary — historical explanation distinguishing retained earnings from investor contributions in E-2 transitions.
12. 8 CFR §214.2(e)(5) and (o)(13) — E and O classifications and immigrant petitions; employment restrictions in the same section.
13. 9 FAM 402.9-4(C) — E-visa departure intent and immigrant-petition beneficiaries.
14. 8 CFR §245.2(a)(4)(ii) — travel and pending adjustment applications.
15. State Department: Immigrant Investor Visas — consular process only; its outdated capital/no-borrowing summary is not relied on.
16. 8 CFR §216.6 — I-829 filing window; post-reform sustainment governed by later law and guidance.
17. USCIS Historical National Median Processing Times, FY2026 through August 30, 2026 — verified historical figures and methodology caveats.
18. USCIS Case Processing Times — interactive current-case estimates and inquiry information.
19. DHS CIS Ombudsman / USCIS EB-5 webinar Q&A, updated March 19, 2024 — rural I-526E priority processing distinction.
20. State Department November 2026 Visa Bulletin — monthly availability and chart instructions.
21. SEC / USCIS Investor Alert: Investment Scams Exploit Immigrant Investor Program — due diligence and guarantees.