EB-5 Investor Visa in 2026: $800K vs $1.05M, Fees After the Court Ruling, and Wait Times

To get an EB-5 green card in 2026 you must invest $1,050,000 in a new US commercial enterprise that creates at least 10 full-time jobs, or $800,000 if the project is in a targeted employment area or is an infrastructure project. The Form I-526 and I-526E filing fee is $3,675 as of October 2026, after a federal court stopped the higher 2024 EB-5 fees. Set-aside visas for rural, high-unemployment and infrastructure projects remain current for every country.

Key points

• Minimum investment: $1,050,000, or $800,000 in a targeted employment area (TEA) or infrastructure project.
• Each investor must create at least 10 full-time US jobs.
• USCIS fees as of October 2026: I-526/I-526E $3,675, I-829 $3,750 (reverted after a November 12, 2025 court stay), plus a separate $1,000 fee with I-526E.
• Set-aside visas (rural 20%, high unemployment 10%, infrastructure 2%) were current worldwide in October 2026.
• The regional center program is authorized through September 30, 2027.

How EB-5 works

EB-5 is the fifth employment-based preference category. It receives about 7.1% of employment-based visas each year. You invest your own lawfully sourced money in a business, and that investment must create jobs for US workers (USCIS EB-5 program).

There are two ways to invest:

	Direct investment	Regional center investment
Form	I-526	I-526E
Who runs the business	You, usually with active management	A USCIS-designated regional center sponsors a project; you are a passive investor
Job counting	Direct jobs only, on the business payroll	Direct, indirect and induced jobs (economic modeling allowed)
Typical use	Owner-operators	Most EB-5 investors

Investment amounts

The EB-5 Reform and Integrity Act of 2022 (RIA) set the current amounts:

Investment type	Minimum
Standard	$1,050,000
Targeted employment area (rural or high unemployment)	$800,000
Infrastructure project	$800,000

The law provides for these amounts to be adjusted for inflation in the future, so check the USCIS page before investing. The money must be “at risk,” meaning it cannot be guaranteed a return, and you must trace its lawful source (salary, business profits, sale of property, gifts, or loans secured by your own assets).

Set-aside visas: why they matter

The RIA reserved part of each year’s EB-5 visas:

Set-aside	Share of EB-5 visas
Rural projects	20%
High unemployment areas	10%
Infrastructure projects	2%

Unused set-aside numbers carry over to the same set-aside category the next year. This is why investors from backlogged countries like India and China often choose rural or high-unemployment projects.

Wait times: October 2026 Visa Bulletin

Final Action Dates (October 2026)

EB-5 category	Most countries	China	India
Unreserved	Current	01DEC16	01DEC23
Rural, high unemployment, infrastructure	Current	Current	Current

Dates for Filing (October 2026): Unreserved China March 1, 2021; India May 1, 2024; all other countries current. All set-asides current.

India’s unreserved Final Action Date came back from “unavailable” in October 2026. USCIS is accepting the Dates for Filing chart for I-485s this month. Read more in our October 2026 Visa Bulletin summary.

Fees after the court ruling

The 2024 USCIS fee rule sharply raised EB-5 fees. On November 12, 2025, a federal court in Colorado (Moody v. Noem) stayed those EB-5 increases, and USCIS returned to the earlier amounts. The USCIS fee schedule dated October 7, 2026 lists:

Form	Fee (as of Oct 2026)
I-526 (direct investor)	$3,675
I-526E (regional center investor)	$3,675 plus a separate $1,000 fee required by the RIA
I-829 (remove conditions)	$3,750
I-485 adjustment of status (age 14+), paper / online	$1,440 / $1,390

Source: USCIS G-1055. DHS proposed a new EB-5 fee rule in late 2025. We could not confirm whether a final rule has been published, so check the fee schedule on the day you file. Regional centers also pay a separate annual Integrity Fund fee.

Step by step

1. Choose a project (direct or regional center) and do due diligence on the developer, the regional center’s record, and the job creation plan.
2. Invest and document the source of funds.
3. File Form I-526 or I-526E. Your filing date is your priority date.
4. Get a green card: if you are in the US in lawful status and a visa is available, you may be able to file Form I-485 at the same time as an I-526E (concurrent filing, allowed by the RIA). Otherwise, go through consular processing.
5. Receive a 2-year conditional green card.
6. File Form I-829 in the 90 days before your conditional card expires, showing the investment was sustained and jobs were created.
7. Receive a 10-year green card.

EB-5 vs the Gold Card and E-2

	EB-5	Trump Gold Card	E-2 treaty investor
Money	$800,000 or $1,050,000 invested, at risk	$1M “gift” to the government (more for corporate sponsors) plus $15,000 fee	”Substantial” investment, no fixed minimum
Return of money	Possible, depends on the project	No, it is a gift	Depends on your business
Result	Green card	Green card (uses EB-1/EB-2 numbers)	Temporary visa, renewable
Legal status	Established by statute	Created by executive order; under legal challenge	Established by treaty and statute

See our guides to the Trump Gold Card and E-2 treaty investor visa.

Due diligence checklist for regional center projects

Most EB-5 investors use regional centers, so project choice is the decision that matters most. Before you invest, ask for and review:

Question	Why it matters
Is the regional center currently designated by USCIS, and is the project approved or filed?	Only designated centers can sponsor I-526E investors
Is the project in a rural area, high-unemployment TEA, or infrastructure category, and how is that documented?	Determines the $800,000 amount and access to set-aside visas
How many EB-5 investors are in the project, and how many jobs does the economic report project?	You need a cushion of jobs above the 10-per-investor minimum
Where is the money in the capital stack, and what happens if the project fails?	EB-5 money must be at risk, and some structures are riskier than others
What is the developer’s track record with prior EB-5 projects, including I-829 approvals?	Past results are the best evidence of future job creation
What are the fees (administrative fees, interest rates, exit timeline)?	Affects your financial outcome, separate from immigration

Independent legal and financial review is worth paying for. The regional center and its marketers are selling a product; your attorney should work for you, not the project.

Source of funds: what to document

USCIS must be satisfied that every dollar came from a lawful source. Common paper trails include:

• Salary and savings: several years of tax returns, pay records, and bank statements showing the money building up.
• Sale of property or a business: the purchase and sale contracts, proof of how the original asset was paid for, and the transfer of proceeds.
• Gifts: proof of the donor’s lawful source, a gift letter, and the transfer trail.
• Loans: the loan must be secured by your own assets, with documentation of those assets.

Every step of the transfer path to the US, including currency exchange, should be documented. Some countries’ capital controls make transfers complicated, so plan this early.

Risks to weigh

• Project risk. You can lose your investment, and a failed project can mean your I-829 is denied.
• Program authorization. The regional center program is authorized through September 30, 2027. Investors who filed before that date have grandfathering protections under the RIA, but you should confirm the current position before investing.
• Source of funds. This is the most common reason for problems. Keep a clear paper trail.
• Travel ban. Nationals of countries under the 2026 travel ban can be blocked from receiving immigrant visas even with an approved petition.

What to do next

1. Decide between direct and regional center investment.
2. Check whether the project qualifies as rural, high unemployment, or infrastructure.
3. Engage a licensed immigration attorney and, separately, a securities or financial adviser for due diligence.
4. Watch the fee schedule and monthly bulletin; follow our US hub and updates page.