US EB-5 Immigrant Investor Program
Migration Program Details & Application
Program Overview
Project Description
• Policy Nature: EB-5 is the fifth preference category of employment-based immigration, established by the U.S. Congress in 1990. It aims to stimulate the U.S. economy through capital investment and job creation by foreign investors. Applicants who invest a specified amount in a new commercial enterprise in the U.S. and create at least 10 full-time jobs are eligible for permanent residency (green card).
• Application Modes (Two Options Available):
• Regional Center Program: Applicants with approximately 94%-96% qualifications can choose this path. Indirect and induced employment can be calculated through economic models, and applicants do not need to personally manage the business. The Regional Center Program authorization is valid until September 30, 2027.
• Direct Investment: The applicant personally establishes or acquires and operates the business, and must directly employ 10 full-time W-2 employees and assume day-to-day or decision-making management responsibilities.
• Permanent residency application process (two steps):
• Conditional Green Card (2-year term): After I-526/I-526E is approved, the principal applicant, his/her spouse, and unmarried children under the age of 21 will first be granted conditional permanent residency for a period of 2 years.
• Unconditional Green Card (10-year term): File an I-829 application 90 days before the expiry date of your conditional green card, demonstrating that your investment remains valid and that you have created the required number of jobs. Upon approval, your entire family will receive a 10-year permanent green card. After holding the green card for 5 years, you can apply for citizenship.
• The Role of Home Purchase: ⚠️ Home purchase itself does not constitute grounds for a green card application. EB-5 involves investing funds in compliant business projects, not in purchasing owner-occupied real estate. Directly using $800,000 or $1,050,000 to purchase a villa for personal residence does not meet the requirements and cannot be used for immigration purposes. Some regional center projects use real estate development (such as rental apartments, hotels, etc.) as investment targets; applicants indirectly obtain immigration status by participating in the project through investment, rather than directly purchasing a personal residence.
Key policy changes in 2026:
• According to a court ruling in November 2025, USCIS was required to reduce the I-526E application fee from $11,160 back to the original standard, currently $3,675, plus a $1,000 integrity fund fee.
The I-829 application fee is $3,750.
Applications submitted before September 30, 2026, are protected by the "grandfather clause," meaning that even if the investment amount is increased in the future or the regional center project expires, the standards at the time of application will still apply.
USCIS will adopt a new inventory management model starting March 30, 2026, allocating visas according to the FIFO (First-In, First-Out) rule, with priority given to rural projects.
• Policy Nature: EB-5 is the fifth preference category of employment-based immigration, established by the U.S. Congress in 1990. It aims to stimulate the U.S. economy through capital investment and job creation by foreign investors. Applicants who invest a specified amount in a new commercial enterprise in the U.S. and create at least 10 full-time jobs are eligible for permanent residency (green card).
• Application Modes (Two Options Available):
• Regional Center Program: Applicants with approximately 94%-96% qualifications can choose this path. Indirect and induced employment can be calculated through economic models, and applicants do not need to personally manage the business. The Regional Center Program authorization is valid until September 30, 2027.
• Direct Investment: The applicant personally establishes or acquires and operates the business, and must directly employ 10 full-time W-2 employees and assume day-to-day or decision-making management responsibilities.
• Permanent residency application process (two steps):
• Conditional Green Card (2-year term): After I-526/I-526E is approved, the principal applicant, his/her spouse, and unmarried children under the age of 21 will first be granted conditional permanent residency for a period of 2 years.
• Unconditional Green Card (10-year term): File an I-829 application 90 days before the expiry date of your conditional green card, demonstrating that your investment remains valid and that you have created the required number of jobs. Upon approval, your entire family will receive a 10-year permanent green card. After holding the green card for 5 years, you can apply for citizenship.
• The Role of Home Purchase: ⚠️ Home purchase itself does not constitute grounds for a green card application. EB-5 involves investing funds in compliant business projects, not in purchasing owner-occupied real estate. Directly using $800,000 or $1,050,000 to purchase a villa for personal residence does not meet the requirements and cannot be used for immigration purposes. Some regional center projects use real estate development (such as rental apartments, hotels, etc.) as investment targets; applicants indirectly obtain immigration status by participating in the project through investment, rather than directly purchasing a personal residence.
Key policy changes in 2026:
• According to a court ruling in November 2025, USCIS was required to reduce the I-526E application fee from $11,160 back to the original standard, currently $3,675, plus a $1,000 integrity fund fee.
The I-829 application fee is $3,750.
Applications submitted before September 30, 2026, are protected by the "grandfather clause," meaning that even if the investment amount is increased in the future or the regional center project expires, the standards at the time of application will still apply.
USCIS will adopt a new inventory management model starting March 30, 2026, allocating visas according to the FIFO (First-In, First-Out) rule, with priority given to rural projects.
Eligibility & Requirements
Scoring Instructions
The EB-5 immigrant investor visa does not have a points system. The review is primarily based on the following legal conditions: meeting the hard requirements such as investment amount, job creation, and source of funds is sufficient for application. There is no points system for language, education, or age.
• Investment Amount: US$800,000 for Targeted Employment Areas (including rural areas, high unemployment areas, and infrastructure projects); US$1,050,000 for non-TEA projects.
Job creation: Each investor must create at least 10 full-time U.S. jobs for at least two years.
• Applicant eligibility: Applicants must be at least 14 years old (18 or 21 years old in some regions), have no major criminal record, and be free of infectious diseases; spouse and unmarried children under 21 years of age may accompany the applicant.
• Legitimate source of funds: Complete traceability documentation must be provided, clearly proving the legitimate flow of each fund. Legitimate sources include wages and salaries, business profits, personal savings, real estate sales, gifts, inheritance, loans, etc.
• Funding Risk Requirements: Investment funds must be in a "risky state" and must not include any guarantee of principal or repurchase agreement.
• Personal Qualifications: No language proficiency required, no academic qualifications required, and no business management experience required.
The EB-5 immigrant investor visa does not have a points system. The review is primarily based on the following legal conditions: meeting the hard requirements such as investment amount, job creation, and source of funds is sufficient for application. There is no points system for language, education, or age.
• Investment Amount: US$800,000 for Targeted Employment Areas (including rural areas, high unemployment areas, and infrastructure projects); US$1,050,000 for non-TEA projects.
Job creation: Each investor must create at least 10 full-time U.S. jobs for at least two years.
• Applicant eligibility: Applicants must be at least 14 years old (18 or 21 years old in some regions), have no major criminal record, and be free of infectious diseases; spouse and unmarried children under 21 years of age may accompany the applicant.
• Legitimate source of funds: Complete traceability documentation must be provided, clearly proving the legitimate flow of each fund. Legitimate sources include wages and salaries, business profits, personal savings, real estate sales, gifts, inheritance, loans, etc.
• Funding Risk Requirements: Investment funds must be in a "risky state" and must not include any guarantee of principal or repurchase agreement.
• Personal Qualifications: No language proficiency required, no academic qualifications required, and no business management experience required.
Application Process & Advice
suggestion
• ⚠️ Ensure Adequate Funding: ⚠️ Key Reminder: Although the unweighted threshold for non-TEA regions previously differed between $800,000 and $1,050,000, $800,000 is currently the lowest threshold for TEA (including rural/high-unemployment areas). If the project owner requires additional fees such as management fees, the total investment for some projects can actually reach approximately $1 million, and the budget will be even higher after adding third-party fees (see the cost breakdown below). All the following costs are additional expenses:
• I-526E application fee: $3,675 + $1,000 integrity fund fee
• I-829 application fee: $3,750
• I-485 application fee (intra-country adjustment of status): approximately $1,140 (including fingerprints)
• Legal fees: $ 15,000-$ 30,000+ (Regional center projects are usually lower-end, direct investment projects are usually higher)
• Project management fee: $50,000-80,000 (some projects may be higher, reaching $100,000 or more)
⚠️ Key Points: The total cash investment for a family typically exceeds US$1 million, equivalent to over RMB 7 million (including an initial investment of RMB 800,000). If children are 21 years of age or older, additional fees may apply for composite application documents, increasing the total cost. While the initial investment of US$800,000 meets the minimum threshold for TEA (Talented Employment Area), the actual total application cost (including management fees, legal fees, etc.) will incur additional non-refundable fees of approximately RMB $50,000-$150,000, depending on the project structure. The initial investment of US$800,000 generally meets the current amount requirements for TEA regions, but final approval depends on the overall job creation plan.
• ⚠️ Fund Classification and Scheduling Analysis: 👇
• Reserved visa categories (Set-Aside): Rural Project (20% quota, approximately 4,000-6,800 visas/year), High Unemployment Area City Project (10% quota), Infrastructure Project (2% quota). There is still no waiting list for these three categories for applicants from mainland China.
• Unreserved Category: Applicants born in mainland China have a slower processing time (around 2016 in Table A), and may have to wait 8-10 years or more to be granted a green card.
• Hidden backlog risk: "No backlog" does not mean no backlog; there are "hidden queues" on the USCIS desk. Rural projects are processed quickly (I-526E average 5-12 months), but projects in high-unemployment areas are processed extremely slowly (some cases from 2022 are still waiting).
• Key window in 2026: All three types of reserved visas under the new law are in a window with no waiting list, but the number of applications has surged (Chinese investors account for about 51% of the total applications), and the window is expected to last until the end of 2026.
• Prioritize Rural TEA Projects: Rural projects tend to be approved faster, but be aware that visa processing is rapid, and official backlogs are predicted to appear at the end of fiscal year 2026 or fiscal year 2027. Rural projects also enjoy priority processing rights.
• Plan your taxes in advance: The United States taxes globally, and holders of temporary green cards are required to truthfully declare their worldwide income to avoid tax violations that could jeopardize their status. It is recommended to hire a professional tax advisor for tax planning before entering the United States.
• Project compliance verification (core and security assurance):
Prioritizing projects that have already received I-956F pre-approval (project pre-review approval) can significantly shorten the approval cycle.
• Verify the USCIS accreditation status and validity period of the regional center (you can check this on the USCIS website at any time).
• Review the feasibility of the employment model and recommend selecting projects with an employment multiple of ≥1.2 (the job creation commitment exceeds the required 20% margin).
• Check whether the regional centers have completed their annual audits (USCIS completed pilot audits of some regional centers in February 2026).
• Ensure that investment funds are transferred to the project escrow account through compliant bank channels and retain complete transfer vouchers.
• Understand the risks of visa refusal and prepare contingency plans: The employment commitment prior to I-526E approval does not require the creation of all 10 jobs, but the I-829 stage requires the creation and continued employment of the full number of jobs. Regarding the source of funds, USCIS has become increasingly strict in its scrutiny of the legality of funds in recent years; inadequate preparation may result in requests for additional documentation or even visa refusal. While the I-526E fee was reduced following the court ruling in November 2025, USCIS may adjust the application fee again.
US EB-5 Immigrant Investor Application Process
1. Qualification assessment and preliminary preparation (approximately 3-6 months):
• Confirm that the main applicant is at least 14 years old (in practice, most lawyers recommend at least 18 years old) and has no criminal record.
• Prepare investment funds and complete all necessary documentation proving the source of funds (bank statements, tax payment certificates, company dividend records, notarized gift certificates, etc.) to ensure a clear and traceable funding chain.
• Select a regional center project and immigration lawyer, and complete project due diligence.
• Sign the investment agreement and transfer the investment funds to the project's escrow account.
2. Project Pre-Approval (I-956F) – Submitted by the project owner:
• The regional center submits Form I-956F (Preliminary Application for Investment) to USCIS. Note: This step is completed by the project owner/regional center, not by the individual investor.
• Only after the USCIS makes an official decision can the associated I-526E application enter the processing queue.
3. Submit an I-526E immigrant petition (processing time approximately 12-18 months):
• The immigration lawyer submits the I-526E application and all supporting documents to USCIS, simultaneously paying the application fee $3,675 + $1,000 integrity fund fee.
• If the applicant has been legally residing in the United States (e.g., holding an F-1/H-1B visa for more than 90 days), they can simultaneously submit an I-485 application for adjustment of status, known as "dual filing"."
• After submitting both documents, you can obtain an Employment Authorization Document (EAD) and an Advance Parole (AP) in approximately 3-6 months, allowing you to work legally in the US and freely enter and exit the country.
4. I-526E approved, entering the green card issuance stage:
• For overseas applicants: The case is transferred to the NVC (National Visa Center). After completing the payment and document review, applicants wait for an interview at the Guangzhou Consulate. If successful, they will receive an immigrant visa and enter the United States to activate a 1-2 year conditional green card (actual issuance time is approximately 2-3 years).
• Applicants within the United States (who have already submitted I-485): Awaiting USCIS interview or approval without interview, they will directly receive a conditional green card (approximately 6-12 months).
5. Applying for conversion from I-829 to a permanent green card:
• File your I-829 application when your conditional green card has been in effect for 21 months (90 days before its expiry date). The application fee is $3,750.
• Proof is required that the investment funds have been continuously invested in the project as planned, and that the project has created at least 10 jobs.
After I-829 approval, the whole family will be granted 10-year permanent green cards.
6. Naturalization (optional path):
After obtaining a permanent green card, you can apply for U.S. citizenship if you meet the requirement of residing in the U.S. continuously for 5 years (with at least 2.5 years of actual residence).
• ⚠️ Ensure Adequate Funding: ⚠️ Key Reminder: Although the unweighted threshold for non-TEA regions previously differed between $800,000 and $1,050,000, $800,000 is currently the lowest threshold for TEA (including rural/high-unemployment areas). If the project owner requires additional fees such as management fees, the total investment for some projects can actually reach approximately $1 million, and the budget will be even higher after adding third-party fees (see the cost breakdown below). All the following costs are additional expenses:
• I-526E application fee: $3,675 + $1,000 integrity fund fee
• I-829 application fee: $3,750
• I-485 application fee (intra-country adjustment of status): approximately $1,140 (including fingerprints)
• Legal fees: $ 15,000-$ 30,000+ (Regional center projects are usually lower-end, direct investment projects are usually higher)
• Project management fee: $50,000-80,000 (some projects may be higher, reaching $100,000 or more)
⚠️ Key Points: The total cash investment for a family typically exceeds US$1 million, equivalent to over RMB 7 million (including an initial investment of RMB 800,000). If children are 21 years of age or older, additional fees may apply for composite application documents, increasing the total cost. While the initial investment of US$800,000 meets the minimum threshold for TEA (Talented Employment Area), the actual total application cost (including management fees, legal fees, etc.) will incur additional non-refundable fees of approximately RMB $50,000-$150,000, depending on the project structure. The initial investment of US$800,000 generally meets the current amount requirements for TEA regions, but final approval depends on the overall job creation plan.
• ⚠️ Fund Classification and Scheduling Analysis: 👇
• Reserved visa categories (Set-Aside): Rural Project (20% quota, approximately 4,000-6,800 visas/year), High Unemployment Area City Project (10% quota), Infrastructure Project (2% quota). There is still no waiting list for these three categories for applicants from mainland China.
• Unreserved Category: Applicants born in mainland China have a slower processing time (around 2016 in Table A), and may have to wait 8-10 years or more to be granted a green card.
• Hidden backlog risk: "No backlog" does not mean no backlog; there are "hidden queues" on the USCIS desk. Rural projects are processed quickly (I-526E average 5-12 months), but projects in high-unemployment areas are processed extremely slowly (some cases from 2022 are still waiting).
• Key window in 2026: All three types of reserved visas under the new law are in a window with no waiting list, but the number of applications has surged (Chinese investors account for about 51% of the total applications), and the window is expected to last until the end of 2026.
• Prioritize Rural TEA Projects: Rural projects tend to be approved faster, but be aware that visa processing is rapid, and official backlogs are predicted to appear at the end of fiscal year 2026 or fiscal year 2027. Rural projects also enjoy priority processing rights.
• Plan your taxes in advance: The United States taxes globally, and holders of temporary green cards are required to truthfully declare their worldwide income to avoid tax violations that could jeopardize their status. It is recommended to hire a professional tax advisor for tax planning before entering the United States.
• Project compliance verification (core and security assurance):
Prioritizing projects that have already received I-956F pre-approval (project pre-review approval) can significantly shorten the approval cycle.
• Verify the USCIS accreditation status and validity period of the regional center (you can check this on the USCIS website at any time).
• Review the feasibility of the employment model and recommend selecting projects with an employment multiple of ≥1.2 (the job creation commitment exceeds the required 20% margin).
• Check whether the regional centers have completed their annual audits (USCIS completed pilot audits of some regional centers in February 2026).
• Ensure that investment funds are transferred to the project escrow account through compliant bank channels and retain complete transfer vouchers.
• Understand the risks of visa refusal and prepare contingency plans: The employment commitment prior to I-526E approval does not require the creation of all 10 jobs, but the I-829 stage requires the creation and continued employment of the full number of jobs. Regarding the source of funds, USCIS has become increasingly strict in its scrutiny of the legality of funds in recent years; inadequate preparation may result in requests for additional documentation or even visa refusal. While the I-526E fee was reduced following the court ruling in November 2025, USCIS may adjust the application fee again.
US EB-5 Immigrant Investor Application Process
1. Qualification assessment and preliminary preparation (approximately 3-6 months):
• Confirm that the main applicant is at least 14 years old (in practice, most lawyers recommend at least 18 years old) and has no criminal record.
• Prepare investment funds and complete all necessary documentation proving the source of funds (bank statements, tax payment certificates, company dividend records, notarized gift certificates, etc.) to ensure a clear and traceable funding chain.
• Select a regional center project and immigration lawyer, and complete project due diligence.
• Sign the investment agreement and transfer the investment funds to the project's escrow account.
2. Project Pre-Approval (I-956F) – Submitted by the project owner:
• The regional center submits Form I-956F (Preliminary Application for Investment) to USCIS. Note: This step is completed by the project owner/regional center, not by the individual investor.
• Only after the USCIS makes an official decision can the associated I-526E application enter the processing queue.
3. Submit an I-526E immigrant petition (processing time approximately 12-18 months):
• The immigration lawyer submits the I-526E application and all supporting documents to USCIS, simultaneously paying the application fee $3,675 + $1,000 integrity fund fee.
• If the applicant has been legally residing in the United States (e.g., holding an F-1/H-1B visa for more than 90 days), they can simultaneously submit an I-485 application for adjustment of status, known as "dual filing"."
• After submitting both documents, you can obtain an Employment Authorization Document (EAD) and an Advance Parole (AP) in approximately 3-6 months, allowing you to work legally in the US and freely enter and exit the country.
4. I-526E approved, entering the green card issuance stage:
• For overseas applicants: The case is transferred to the NVC (National Visa Center). After completing the payment and document review, applicants wait for an interview at the Guangzhou Consulate. If successful, they will receive an immigrant visa and enter the United States to activate a 1-2 year conditional green card (actual issuance time is approximately 2-3 years).
• Applicants within the United States (who have already submitted I-485): Awaiting USCIS interview or approval without interview, they will directly receive a conditional green card (approximately 6-12 months).
5. Applying for conversion from I-829 to a permanent green card:
• File your I-829 application when your conditional green card has been in effect for 21 months (90 days before its expiry date). The application fee is $3,750.
• Proof is required that the investment funds have been continuously invested in the project as planned, and that the project has created at least 10 jobs.
After I-829 approval, the whole family will be granted 10-year permanent green cards.
6. Naturalization (optional path):
After obtaining a permanent green card, you can apply for U.S. citizenship if you meet the requirement of residing in the U.S. continuously for 5 years (with at least 2.5 years of actual residence).