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Residency by InvestmentActive

United States

EB-5 Immigrant Investor Program

Also known as: EB-5 Visa, EB-5 Regional Center Program

Regulator: US Citizenship and Immigration Services (USCIS), Department of Homeland Security; SEC and FINRA oversee Regional Center fund offeringsOfficial program site ↗
Min investment
$800K
Program tier
Permanent Residency
Program type
Investor Visa
Initial validity
2 yr
Renewable
Yes
Path to PR
Immediate
Path to citizenship
5 yr
Schengen access
Yes

Investment options

Business Investment

$800K
Hold for 2 years

EB-5 in Targeted Employment Area (TEA) — USD 800,000 in a TEA (rural area OR high-unemployment area at 150% of national average) OR infrastructure project. Must create 10 full-time jobs for US workers within 2 years. Investment 'at risk' (no guaranteed return).

Business Investment

$1.1M
Hold for 2 years

EB-5 non-TEA (Standard) — USD 1,050,000 for projects outside TEAs. Must create 10 full-time US jobs within 2 years.

Business Investment

$800K
Hold for 5 years

EB-5 Regional Center (Rural or High-Unemployment TEA) — invest USD 800,000 through USCIS-designated Regional Center pooled vehicle. Indirect/induced jobs count toward 10-job requirement. Set-aside visas (32% of EB-5 allocation: 20% rural, 10% HUA, 2% infrastructure) reduce China/India backlog.

Physical presence

To apply
Concurrent filing with adjustment-of-status if already in US; otherwise consular processing abroad
To maintain
Conditional green card (2 years) — must spend >6 months/year in US; absence >1 year requires re-entry permit
For PR
Unconditional green card after I-829 approval at year 2; physical presence as for all LPRs
For citizenship
5 years as LPR (3 if married to US citizen) + 30 months physical presence + English + civics

Path to citizenship

  • Available: Yes
  • Minimum years: 5
  • Physical-presence years: 2.5
  • Language test: Yes

Naturalization 5 years after LPR grant (3 if spouse of US citizen). Physical presence 30 months minimum, continuous residence, English language exam (reading/writing/speaking), US civics exam, good moral character, oath. Dual citizenship allowed by US. US citizenship triggers global tax obligation regardless of where lived.

Tax implications

  • Becomes tax resident automatically: Yes
  • Worldwide income taxed: Yes
  • Territorial tax system: No
  • Day-count for tax residency: 183 days
  • Wealth tax: No

LPR status triggers US worldwide income tax from day one of green card receipt. Substantial presence test (183 weighted days) also applies. Federal PIT progressive to 37%; states add up to 13.3% (California). Capital gains 0/15/20% + NII 3.8%. Estate tax 40% on worldwide assets above USD 13.61M (USD 60K for non-residents). FATCA/FBAR reporting global. Tax exit on giving up LPR (expatriation tax).

Family inclusion

  • Spouse: Yes
  • Children under 18: Yes
  • Dependent adult children: No
  • Parents: No

Spouse and unmarried children under 21. Children must qualify under Child Status Protection Act calculations given multi-year processing — age-out risk significant. Parents not included; must apply separately under family-based immigration once principal is US citizen (5+ years later).

Additional fees

  • Application fee: $11K
  • Government fees: $11K
  • Legal/agent (est.): $50K

I-526E filing fee USD 11,160 (Regional Center pooled). I-829 filing fee USD 9,525. Regional Center admin fee USD 50,000-80,000 typically. Immigration legal fees USD 25,000-75,000 for I-526E + I-829 + adjustment. Investment may be partially financed but full USD 800K must be 'at risk.'

Eligibility requirements

  • Age 18+ (no upper limit)
  • Lawful source of funds documented in detail
  • Investment 'at risk' (no guaranteed return)
  • Health/medical exam at consular interview
  • Clean criminal background
  • Not inadmissible under INA grounds

Disqualifiers

  • Failure to demonstrate lawful source of funds
  • Investment not 'at risk'
  • Failure to create 10 full-time direct (or for RC: indirect) jobs within 2 years
  • Adverse immigration history
  • Securities fraud or felony conviction

Recent changes

  1. 2022-03

    EB-5 Reform and Integrity Act (RIA) of 2022 reauthorized Regional Center program through Sept 2027, raised minimums to USD 800K (TEA) / USD 1.05M (non-TEA), introduced 32% set-aside (rural 20% / HUA 10% / infra 2%), added integrity measures, allowed concurrent filing of I-526E and adjustment of status (huge speed boost for US-based applicants).

  2. 2023-2024

    Set-aside visas dramatically faster than non-set-aside (no Chinese/Indian backlog). Rural set-aside category became dominant choice. USCIS processing improving.

  3. 2025-2026

    All EB-5 petitions filed on or before September 30, 2026 will be grandfathered under existing rules even if program lapses in 2027. Minimum investment expected to remain USD 800K/1.05M through FY2026; statutory inflation adjustment due 2027.

Notes

EB-5 is the only major US RBI, granting a true conditional-then-unconditional green card. Differs structurally from typical golden visas: investment is genuinely at-risk (no capital guarantee), and US worldwide-income taxation applies from green card day one. Rural set-aside (USD 800K) is the dominant path post-2022, especially for Indian/Chinese applicants who would otherwise face decade+ backlogs. Trump 'Gold Card' (USD 5M direct payment to government) proposed in 2025 but not enacted as of May 2026.

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EasyPassport is a document-organization tool focused on citizenship by descent. This page is reference research, not legal or financial advice. Always verify with the official program authority.