EB-5 investor visa: how much the law asks for

People in the groups often ask how large an investment gives the right to US residence or citizenship. The program is called EB-5, and US Citizenship and Immigration Services (USCIS) runs it. Below is what the law sets and what USCIS says about the amount, the jobs, where the money comes from and the steps, and what USCIS warns investors about.

This is general information from official sources, not legal advice. The page does not say who the program applies to.

In short

EB-5 gives permanent residence (a green card), not citizenship. Citizenship can be requested later, through a separate process called naturalization.
For petitions filed on or after March 15, 2022, the minimum investment is $1,050,000, or $800,000 in a targeted employment area.
USCIS says these amounts will be tied to inflation, and the first change applies to petitions filed on or after January 1, 2027.
Under the law, the investment must create full-time jobs for at least 10 workers.
USCIS says the money must be at risk: a guaranteed return does not meet this rule.
For the first two years, residence is conditional.

Residence or citizenship

Congress created the EB-5 program in 1990 to stimulate the US economy. According to USCIS, investors, their spouses and their unmarried children under 21 may apply for permanent residence.

This is residence, not citizenship. USCIS describes naturalization as the process by which a permanent resident who meets the requirements set by Congress becomes a citizen. USCIS lists these general requirements: at least five years as a permanent resident, continuous residence in the US, at least 30 months of physical presence in the country out of those five years, basic English, and knowledge of US history and government. The application form is N-400.

How much money

The EB-5 Reform and Integrity Act was signed on March 15, 2022. According to USCIS, the minimum investment for petitions filed from that day is:

Standard amount: $1,050,000.
Targeted employment area (TEA): $800,000. This amount also applies to infrastructure projects.

USCIS defines two kinds of targeted employment areas: a rural area, meaning any area outside a metropolitan statistical area, or an area where unemployment is at least 150% of the national average rate.

The amount changes from 2027. USCIS says the amounts will be tied to the Consumer Price Index (inflation), and the first change applies to petitions filed on or after January 1, 2027. The new amount had not been published when this page was written. The current amount is on the USCIS page.

Filing fees are not part of this amount. The USCIS fee schedule is in the official links.

What USCIS requires of the investment

Jobs. According to USCIS, the investment must create full-time jobs for at least 10 workers. The investor and the investor’s spouse and children do not count toward that number.

What counts as capital. USCIS counts cash and assets that the investor owns and controls as capital. Assets gained by unlawful means, such as crime, do not count as capital. USCIS says the investor must give USCIS evidence of where the money came from, directly and indirectly.

Risk. The USCIS Policy Manual says capital is at risk when there is both a risk of loss and a chance of gain. A guaranteed return is not counted as money at risk. A contract that gives the investor a right to be repaid is treated as a debt arrangement that is not allowed, and a loan to the business does not count as a contribution of capital.

Taking part in management. According to USCIS, the investor must take part in managing the business, either through day-to-day management or through setting policy.

Steps and forms

USCIS describes the process this way:

Petition. Form I-526 for a standalone investor, or Form I-526E for a regional center investor.
Visa or change of status. After the petition is approved, a person outside the US files Form DS-260 with the State Department, and a person in the US files Form I-485 with USCIS. USCIS says a person in the US can file Form I-485 when a visa is immediately available.
Conditional residence. USCIS gives the investor and family members conditional permanent residence for two years.
Removing the conditions. The investor files Form I-829 in the 90 days before the second anniversary. If USCIS approves it, USCIS removes the conditions from the residence.

Language. USCIS says supporting documents must be in English or come with a complete English translation that the translator certifies as complete and accurate. A Georgian explanation is only there to help.

Regional centers and signs of scams

A regional center, as USCIS defines it, is a public or private economic unit in the US that USCIS approves to take part in the program. USCIS publishes a list of approved regional centers by state on its website, and a separate list of centers that no longer take part.

USCIS warnings say:

Name. The name of a regional center or business should not contain the words “United States,” “US” or “Federal.” USCIS says such a name may falsely suggest a link to the government.
Seal. USCIS says using the Department of Homeland Security (DHS) seal without approval wrongly suggests that the government endorses the regional center.
“Guarantees.” USCIS warns about businesses that “guarantee” a faster visa or green card in return for a fee. USCIS says only USCIS decides whether to speed up a case.
Who can give legal advice. USCIS says only an attorney, or an accredited representative of an organization recognized by the Department of Justice, can give advice and represent someone in an immigration case. USCIS adds that a notary (notario público) is not authorized to provide immigration legal services.

Free help

New York City runs a free immigration legal hotline at 800-354-0365. The same help is reached through 311 with the words “Immigration Legal.” The city says this help is free and confidential.

Common mistakes

Believing that an investment gives citizenship. USCIS says EB-5 lets a person apply for permanent residence; citizenship comes through naturalization, with its own requirements.
Believing that an investment with a “guaranteed return” is the safer path. The USCIS Policy Manual says a guaranteed return is not counted as money at risk.
Believing that “US” or “Federal” in a name, or the DHS seal, means a government project. USCIS warns that such a name and unapproved use of the seal may falsely suggest a link to the government.
Paying someone who “promises” a faster visa. USCIS says only USCIS decides whether to speed up a case.
Believing that residence becomes permanent by itself after two years. USCIS says the investor files Form I-829 in the 90 days before the second anniversary to remove the conditions.
Assuming the old amount will always apply. USCIS says the amounts change with inflation from January 1, 2027.

Key terms

Plain meanings, not legal definitions. The Georgian word is in brackets.

green card: the permanent resident card, the document for permanent residence in the US (გრინ ქარდი).
permanent resident: a person who lives in the US permanently, a green card holder (მუდმივი მცხოვრები).
conditional permanent resident: a permanent resident with conditions, for the first two years under EB-5 (პირობითი მუდმივი მცხოვრები).
naturalization: the process of becoming a citizen (ნატურალიზაცია).
regional center: an organization approved by USCIS whose projects EB-5 investors put money into (რეგიონული ცენტრი).
targeted employment area, TEA: a rural or high-unemployment area where the minimum amount is lower (მიზნობრივი დასაქმების ზონა).
at risk: when the money can be lost or can earn a profit (რისკის ქვეშ).
USCIS: US Citizenship and Immigration Services (აშშ-ის მოქალაქეობისა და იმიგრაციის სამსახური).

All words on one page: glossary (in Georgian).

Official links

This is general information and not legal or financial advice. Amounts and rules change, so the current rules are on the official USCIS pages.