RIA Grandfathering Deadline: Qualifying Regional Center Form I-526E petitions filed on or before September 30, 2026 receive statutory protection if the Regional Center Program later expires or lapses. This is different from the Regional Center Program's current authorization period, which extends through September 30, 2027. Grandfathering should not be described simply as permanently locking every EB-5 program parameter for every circumstance.
Minimum Investment Thresholds
Required Minimum Capital:
$800,000
Qualifying TEA or Infrastructure ProjectThe reduced minimum applies to a qualifying Targeted Employment Area (rural or high-unemployment area) or a qualifying infrastructure project under the EB-5 statute.
RIA 2022 Set-Aside Visas & Concurrent Filing
The 2022 Reform and Integrity Act created 32% set-aside visa reserves out of the annual EB-5 allocation:
- 20% Rural Set-Aside: Reserved visas for qualifying investments in rural areas. USCIS is directed to prioritize processing of petitions associated with rural investments. A statutory rural area is defined by the EB-5 rules and is not simply any location described informally as a rural county.
- 10% High-Unemployment TEA: Projects whose new commercial enterprise is principally doing business in a qualifying census tract, or qualifying contiguous census tracts, having a weighted-average unemployment rate of at least 150% of the national unemployment rate, with the TEA designation made under DHS rules.
- 2% Infrastructure Set-Aside: Reserved visas for qualifying infrastructure projects meeting the statutory definition, including a capital investment project administered by a governmental entity and used for maintaining, improving, or constructing a public works project.
Concurrent I-485 Filing: A regional-center investor physically present in the United States may be eligible to file Form I-526E concurrently with Form I-485 when an immigrant visa number is immediately available and all adjustment-of-status requirements are satisfied. Filing the applications does not itself provide immediate work authorization or travel permission; employment authorization and advance parole require the applicable applications and approvals.
August 2026 EB-5 Visa Availability
The August 2026 Department of State Visa Bulletin distinguishes between the unreserved EB-5 category and the three RIA set-aside categories.
| EB-5 Category | India | China-mainland born | All Chargeability Areas Except Those Listed |
|---|---|---|---|
| 5th Unreserved | Unavailable | December 1, 2016 | Current |
| Rural Set-Aside (20%) | Current | Current | Current |
| High-Unemployment Set-Aside (10%) | Current | Current | Current |
| Infrastructure Set-Aside (2%) | Current | Current | Current |
Important: "Current" means visa numbers are authorized for qualified applicants regardless of priority date, subject to all other requirements. Visa availability can change in later Visa Bulletins.
Core EB-5 Statutory Requirements
- Qualifying Investment: The required capital must be invested in a qualifying new commercial enterprise and satisfy the applicable EB-5 investment requirements.
- Capital at Risk: The required capital must be placed at risk for the purpose of generating a return, with no guaranteed redemption arrangement that defeats the statutory at-risk requirement.
- Job Creation: The investment must result in at least 10 full-time positions for qualifying employees under the applicable EB-5 rules. Regional Center projects may use qualifying indirect and induced job creation methodologies.
- Lawful Source and Path of Funds: Investors must document the lawful source of the invested capital and trace its path into the new commercial enterprise. The required evidence depends on the source, such as income, business proceeds, real-estate sales, securities, loans, gifts, or inheritances.
- Conditional Residence: Approved EB-5 investors generally receive conditional permanent resident status for two years before the conditions are removed through Form I-829.
Investment Amount Adjustments & Form I-829
The RIA provides for automatic inflation-based adjustments to the minimum investment amounts every five years using the applicable Consumer Price Index methodology. The first post-RIA adjustment is scheduled for January 1, 2027. Because the future adjusted amount is subject to the statutory calculation, this guide should not publish an unverified future dollar figure.
After obtaining conditional permanent resident status, an EB-5 investor generally has a two-year conditional residence period. Form I-829 is used to request removal of those conditions and is generally filed during the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status.
Current USCIS fee: Form I-829 currently has a $9,525 filing fee. Always verify the latest USCIS fee schedule and form instructions before filing.
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Frequently Asked Questions (FAQ)
Under RIA 2022, the minimum investment is $800,000 for Targeted Employment Areas (TEA - rural or high unemployment zones) and $1,050,000 for non-TEA standard commercial investments.
The RIA reserves 32% of the annual EB-5 visa allocation: 20% for qualifying rural-area investments, 10% for qualifying high-unemployment-area investments, and 2% for qualifying infrastructure projects. USCIS is directed to prioritize processing of petitions associated with investments in rural areas. The set-aside categories are separate from the 68% unreserved EB-5 allocation.
Potentially. A regional-center investor who is physically present in the United States may be able to file Form I-526E and Form I-485 concurrently when an immigrant visa number is immediately available and the investor otherwise qualifies for adjustment of status under the applicable law. Holding a valid nonimmigrant status such as H-1B, L-1, or F-1 does not by itself guarantee adjustment eligibility. Employment authorization and advance parole are separate benefits and are not automatically granted merely because Forms I-526E and I-485 were filed.
Under the current USCIS fee schedule, Form I-526E has a base filing fee of $11,160. An initial Form I-526E filed under the EB-5 Reform and Integrity Act also requires a separate $1,000 EB-5 Integrity Fund fee, making the government filing charges $12,160 for the initial I-526E. Form I-829 has a filing fee of $9,525. Government fees can change, so applicants should verify the current USCIS Form G-1055 fee schedule before filing.
An EB-5 investment generally must result in at least 10 full-time positions for qualifying employees. Full-time employment generally means a position requiring at least 35 working hours per week. Regional Center investors may satisfy the job-creation requirement through qualifying indirect and induced jobs under the applicable regional-center rules and economic methodology. Job preservation applies in specific circumstances, such as qualifying troubled-business cases, and should not be described as the ordinary rule for every EB-5 investment.
Investors must document that the capital was obtained through lawful means and provide evidence tracing the source and path of the funds into the new commercial enterprise. Depending on the circumstances, documentation may include income and tax records, business records, real-estate sale documents, securities records, loan documents, gift or inheritance records, bank statements, wire records, and evidence concerning any intermediary used to transfer funds. USCIS evaluates the evidence based on the particular source and path of the capital.
For August 2026, the Department of State lists the EB-5 unreserved category as unavailable for India, while the rural, high-unemployment, and infrastructure set-aside categories are current for India. The unreserved EB-5 category is also subject to separate cutoff dates for China-mainland born applicants. Visa availability can change in later monthly bulletins.
No. The $800,000 minimum applies to qualifying investments in a Targeted Employment Area, which includes qualifying rural and high-unemployment areas, and to qualifying infrastructure projects under the RIA. The standard minimum for other qualifying EB-5 investments is $1,050,000.
The RIA provides for inflation-based adjustment of the minimum investment amounts every five years. The first post-RIA adjustment is scheduled for January 1, 2027. The exact future amount should be verified from the applicable statutory calculation and official USCIS announcement rather than assumed from an unofficial projection.
Form I-829 is the petition used to request removal of the conditions on an EB-5 investor's permanent resident status. It is generally filed during the 90-day period immediately preceding the second anniversary of the investor's admission or adjustment as a conditional permanent resident.
Official U.S. Government References
• USCIS EB-5 Immigrant Investor Program Portal: uscis.gov/eb-5
• USCIS Form I-526E (Regional Center Petition): uscis.gov/i-526e
• USCIS Form I-829 (Remove Conditions): uscis.gov/i-829
• USCIS Fee Schedule (Form G-1055): uscis.gov/forms/filing-fees
• U.S. Department of State — August 2026 Visa Bulletin: August 2026 Visa Bulletin