The EB-5 visa is the employment-based, fifth-preference immigrant visa for foreign investors. It can lead to a green card for investors who commit the required capital to a U.S. business and create at least 10 full-time jobs for qualified U.S. workers. EB-5 first grants a two-year conditional green card, and the conditions are removed once the investment and the jobs are proven.

 


 

Scott D. Pollock & Associates, P.C. represents immigrant investors in EB-5 matters, from the initial petition and source-of-funds documentation through removing the conditions on permanent residence.

What Is the EB-5 Visa?

EB-5 is the employment-based fifth preference visa, the immigrant category for people who qualify through investment rather than employment or family. In exchange for putting capital at risk in a U.S. business that creates jobs, the investor, their spouse, and their unmarried children under 21 can become lawful permanent residents.

The program changed substantially under the EB-5 Reform and Integrity Act of 2022, which changed the required investment amounts, created reserved visa categories for certain project types, added integrity and audit requirements, and reauthorized the regional center program through September 30, 2027. Any guidance written before 2022 is out of date, which is worth keeping in mind when researching the category.

The Three Core EB-5 Requirements

Whether an investment is made directly or through a regional center, every EB-5 case has the same three requirements.

 

The investor must commit the required amount of lawfully obtained capital ($1,050,000, or $800,000 for a project in a targeted employment area) and place it genuinely at risk, with no guaranteed return and no promised repayment.

Documentation proving that the funds were earned or acquired lawfully, known as source of funds, must be provided.

The capital must go into a for-profit commercial enterprise, generally one established after November 29, 1990, though a restructured business or a qualifying troubled business can also count.

The investor must be genuinely involved in the enterprise, through policy-making or day-to-day management, rather than acting as a passive lender.

The investment must create at least 10 full-time jobs, meaning 35 or more hours per week, for qualifying U.S. workers within the required period.

A direct investment must create those jobs within the enterprise itself, while a regional center investment can also count qualifying indirect jobs.

How Much You Must Invest, and Where

The Reform and Integrity Act set the standard minimum investment at $1,050,000. If the money goes into a targeted employment area, the minimum drops to $800,000. Beginning January 1, 2027, and every five years after, these amounts adjust for inflation, so the figures should be confirmed as of the filing date.

A targeted employment area is either a rural area or an area of high unemployment. A rural area is one outside a metropolitan statistical area and outside any city or town with a population of 20,000 or more. A high-unemployment area is one where unemployment equals or exceeds 150% of the national average. Under the current rules, the Department of Homeland Security makes these designations, and a designation is valid for two years.

Where the investment goes also affects the wait for a visa. The Act reserved a share of the roughly 10,000 annual EB-5 visas for three project types: 20% for rural projects, 10% for high-unemployment projects, and 2% for infrastructure projects. These reserved categories have so far remained current for every country, which means investors from heavily backlogged countries such as China and India can often avoid the multi-year wait they would likely face in an unreserved category.

Direct Investment vs. Regional Center

An EB-5 investor can take one of two paths. A direct investment means the investor puts capital into their own new commercial enterprise and must create the 10 required jobs within that business; the petition is filed with Form I-526. A regional center investment means the investor puts capital into a project run by a USCIS-designated regional center, which allows qualifying indirect and induced jobs to count toward the 10-job requirement. That petition is filed with Form I-526E.

Regional centers themselves must be designated by USCIS and now operate under the Act’s integrity rules, including audits and a fund that supports program oversight.

Scott D. Pollock EB-5 Investor Visa Lawyer

The EB-5 Process, Step by Step

EB-5 is unusual in that permanent residence arrives in two stages: a conditional green card first, then a permanent one after the investment and jobs are proven.

1

File the Investor Petition

The investor files Form I-526 for a direct investment, or Form I-526E for a regional center investment. This establishes the priority date and requires evidence of the investment, the source of funds, and the job-creation plan.

2

Obtain a Conditional Green Card

Once the petition is approved and a visa number is available, the investor files Form I-485 to adjust status in the United States, or completes consular processing abroad on Form DS-260. This grants a green card that is conditional for two years. When a set-aside visa is available, an investor already in the U.S. may be able to file the petition and the I-485 together.

3

Remove the Conditions (Form I-829)

In the 90 days before the two-year conditional period ends, the investor files Form I-829 to remove the conditions, showing that the capital was invested and sustained and that the required jobs were created.

4

Receive Permanent Residence 

When the I-829 is approved, the conditions are removed and the investor and family hold unrestricted permanent residence, with a path to citizenship on the usual timeline.

EB-5 Fees and Timelines

EB-5 government fees are among the highest in the immigration system and are updated periodically, so the current amounts for the investor petition, the adjustment or consular stage, and the I-829 should be confirmed on the USCIS fee schedule before filing. These are separate from the investment itself and from any fees a regional center or project charges.

Processing times vary widely by petition type and project. Petitions tied to rural projects receive priority processing, while others can take considerably longer, and the wait for a visa number depends on the category and country of birth. As of 2026, the reserved categories and the regional center program are currently authorized through September 30, 2027.

Frequently Asked Questions

EB-5 is an employment-based immigrant visa category that leads to a green card, meaning lawful permanent residence. It first grants a two-year conditional green card; permanent residence follows once the conditions are removed. It is an immigrant category, not a temporary nonimmigrant visa.

The minimum is $1,050,000, or $800,000 if the investment goes into a targeted employment area, which is a rural or high-unemployment area. Beginning January 1, 2027, these amounts adjust for inflation, so the current figures should be confirmed before filing.

A direct investment goes into the investor’s own business, which must create the 10 required jobs itself, and the petition is filed on Form I-526. A regional center investment goes into a USCIS-designated project that can count indirect jobs, filed on Form I-526E. Regional center projects are also the ones eligible for the set-aside visa categories.

The Reform and Integrity Act reserved 20% of annual EB-5 visas for rural projects, 10% for high-unemployment projects, and 2% for infrastructure projects. Because these reserved categories have remained current for all countries, they can offer a shorter wait for investors from backlogged countries.

No. An approved EB-5 investor first receives a green card that is conditional for two years. Near the end of that period, the investor files Form I-829 to remove the conditions, and only then does the residence become permanent.

Talk With Our Attorneys About the EB-5 Visa

Scott D. Pollock & Associates, P.C. has represented investors and families in employment-based immigration for over three decades, including EB-5 petitions through both direct and regional center paths. To discuss whether the EB-5 category fits your situation, call 312.444.1940 or fill out our online contact form to schedule a consultation.

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