EB-5 Investor Visa: $800k & $1.05M Guide
A detailed compliance guide on Regional Center and Direct EB-5 investments, job creation rules, and critical filing deadlines.
Quick References
Understanding EB-5 Investment Thresholds
The EB-5 program offers foreign nationals a pathway to a permanent U.S. Green Card by investing substantial capital into new commercial enterprises that benefit the U.S. economy.
Under current guidelines, the required investment depends entirely on the geographical location and classification of the project:
Targeted Employment Area (TEA): A minimum investment of $800,000 is required if the project is located in a rural area or an area of high unemployment (defined as at least 150% of the national average). High-infrastructure projects also qualify for this lower threshold.
Non-TEA Projects: For standard projects located in metropolitan areas with standard employment rates, the minimum investment is $1,050,000.
Core Requirements for EB-5 Green Cards
To secure approval of Form I-526 (for direct investors) or Form I-526E (for Regional Center investors), you must fulfill three core criteria:
The investment must be a real equity investment subject to business risk. Debt arrangements or guaranteed returns of capital are strictly prohibited under USCIS regulations.
You must provide an unbroken paper trail proving that the capital was obtained legally. This includes capital gains tax filings, inheritance papers, bank records, and gift declarations.
The commercial enterprise must create at least 10 permanent, full-time jobs for qualifying U.S. workers. Regional Center projects can count direct, indirect, and induced jobs, making it significantly easier to meet this requirement.
Critical Deadlines & Inflation Adjustments
For potential investors, timing is critical. Several regulatory events are set to alter the investment landscape:
September 30, 2026 Grandfathering Deadline: Under the EB-5 Reform and Integrity Act of 2022 (RIA), petitions filed on or before this date are guaranteed 'grandfathered' status. This ensures that even if Congress fails to reauthorize the Regional Center program in the future, USCIS will continue processing your application under the current rules.
January 1, 2027 Inflation Adjustments: The law mandates that minimum investment amounts must adjust automatically for inflation every five years. The next automatic reset is scheduled for January 1, 2027. It is highly anticipated that the thresholds will rise above the current $800k / $1.05M limits.
Frequently Asked Questions
What is the difference between TEA and Non-TEA investments?
Targeted Employment Areas (TEA) are rural or high-unemployment areas that qualify for the lower $800,000 investment minimum. Non-TEAs require a $1,050,000 investment. Both paths require creating at least 10 full-time jobs.
Is there a limit on gift money used for EB-5 funds?
There is no limit, but the donor must prove the funds were legally sourced. If receiving a gift of over $100,000 from foreign sources, be sure to read our [Form 3520 Foreign Gift Guide](/usa/guides/finance/foreign-gift-form-3520) to stay compliant with IRS reporting rules.
EB-5 Thresholds
The EB-5 program is governed by the Reform and Integrity Act of 2022 (RIA). Investments require a detailed legal trace of source of funds and the creation of 10 full-time jobs.