The EB-5 visa is the green card route for investors. Under the Immigration and Nationality Act, an investor qualifies by putting capital into a new commercial enterprise that "is expected to remain invested for not less than 2 years" and will create "full-time employment for not fewer than 10" qualifying US workers (8 U.S.C. 1153(b)(5)(A)). The required amount "shall be $1,050,000," or "$800,000" for an investment in a targeted employment area or an infrastructure project (8 U.S.C. 1153(b)(5)(C)).
As of October 23, 2026, these are the figures set by the EB-5 Reform and Integrity Act of 2022, and they apply to Indian and Chinese investors the same as anyone else. What differs is the wait for a visa number, which is why the reserved categories, and two dates in 2027, matter so much.
- The standard EB-5 investment is $1,050,000, or $800,000 in a targeted employment area or infrastructure project.
- The investment must create full-time jobs for at least 10 qualifying US workers, and be expected to remain invested for at least 2 years.
- Each year, 20 percent of EB-5 visas are reserved for rural investments, 10 percent for high-unemployment areas and 2 percent for infrastructure projects.
- The investment amounts automatically adjust for inflation for petitions filed on or after January 1, 2027, and every 5 years after.
- The regional center program is authorized through September 30, 2027; regional center petitions filed on or before September 30, 2026 keep statutory protection if it lapses.
- EB-5 green cards are conditional for two years; the investor files to remove conditions in the 90 days before the second anniversary.
- New EB-5 fees apply to filings postmarked on or after November 30, 2026, including $7,850 for an initial Form I-526E.
How much do you need to invest in EB-5 in 2026?
| Investment type | Minimum | Source |
|---|---|---|
| Standard | $1,050,000 | 8 U.S.C. 1153(b)(5)(C)(i) |
| Targeted employment area (rural or high unemployment) | $800,000 | 8 U.S.C. 1153(b)(5)(C)(ii) |
| Infrastructure project | $800,000 | 8 U.S.C. 1153(b)(5)(C)(ii) |
The amounts change soon. "Beginning on January 1, 2027, and every 5 years thereafter," the standard amount adjusts automatically for petitions filed on or after the adjustment date, based on inflation since January 1, 2022, rounded down to the nearest $50,000, and the lower amount becomes 75 percent of the standard one (8 U.S.C. 1153(b)(5)(C)(iii)). DHS publishes the new figures by a technical amendment in the Federal Register (same). In a July 2, 2026 proposed rule, DHS restated that the amount "will adjust automatically on January 1, 2027" and said it would decide when finalizing the rule whether to include the adjusted amounts; as of October 23, 2026, our search of the Federal Register found no published adjusted figures (91 FR 40703, FR Doc. 2026-13392). An investor who files before the adjustment date locks in the current amounts.
What are the EB-5 reserved visas, and why do they matter for India and China?
The statute splits each year's EB-5 visas. It says that "20 percent shall be reserved for qualified immigrants who invest in a rural area," 10 percent for high-unemployment areas and 2 percent for infrastructure projects (8 U.S.C. 1153(b)(5)(B)(i)). Unused reserved visas carry over within the same category for one more year before joining the general pool (same).
Rural investments get a further advantage: DHS "shall prioritize the processing and adjudication of petitions for rural areas" in the regional center program (8 U.S.C. 1153(b)(5)(E)(ii)). A rural area is any area outside a metropolitan statistical area and outside the boundary of any city or town of 20,000 or more people (8 U.S.C. 1153(b)(5)(D)(vii)).
For Indian and Chinese investors, the reserved categories are the reason EB-5 is worth a look despite long queues elsewhere. Visa availability for each reserved and unreserved category is set monthly in the State Department's Visa Bulletin, and it varies by country of chargeability; our explainer on country of chargeability shows how birthplace decides which queue applies.
What happens to regional centers after September 30, 2027?
Most EB-5 investors use regional centers, which pool investments. The statute makes those visas available "through September 30, 2027" (8 U.S.C. 1153(b)(5)(E)(i)). It also contains a protection clause: notwithstanding expiration, DHS "shall continue processing petitions" based on a regional center investment "that were filed on or before September 30, 2026," may not deny them because of the expiration, and may not stop allocating visas to approved beneficiaries (8 U.S.C. 1153(b)(5)(S)).
That date has passed. A regional center petition filed now, after September 30, 2026, does not fall within that written protection, so its outcome depends on Congress reauthorizing the program before September 30, 2027 or on processing finishing before then. Direct investments outside the regional center program are not subject to that sunset.
What does EB-5 cost in USCIS fees?
A final rule published September 30, 2026 raises EB-5 fees for filings postmarked on or after November 30, 2026 (91 FR 61940, FR Doc. 2026-20016). Under it, the initial Form I-526E for regional center investors rises from $3,675 to $7,850, the EB-5 Integrity Fund fee paid with it rises from $1,000 to $1,100, and Form I-829 to remove conditions rises from $3,750 to $5,000 (same). Until then, the current fee schedule lists the I-526 and I-526E at $3,675 each (USCIS, Form G-1055, edition 10/16/26).
Is the EB-5 green card permanent?
Not at first. The investor, spouse and children obtain permanent residence "on a conditional basis" (8 U.S.C. 1186b(a)(1)). The petition to remove conditions must be filed "during the 90-day period immediately preceding the second anniversary" of the investor's admission as a resident, unless good cause and extenuating circumstances justify a late filing (8 U.S.C. 1186b(d)(2)). That petition is where the investor shows the EB-5 requirements were met (8 U.S.C. 1186b).
How does EB-5 compare with other routes for Indian and Chinese professionals?
EB-5 tests money and job creation, not your career record. For an engineer, researcher or founder with strong evidence, EB-1A or an NIW may cost far less, though both face their own country queues; our EB-1A and NIW wait times for India put numbers on that. Our guide to a green card without an employer sponsor compares EB-5 with the self-petition routes.
What this means for you
If you are weighing EB-5, the calendar matters as much as the project.
- If you plan to invest, decide whether to file before January 1, 2027, when the inflation adjustment applies to new petitions.
- Ask whether the project qualifies for a reserved category, especially rural, and how it documents that.
- For regional center projects, understand that petitions filed after September 30, 2026 depend on reauthorization or processing before September 30, 2027.
- Budget for the higher fees on filings postmarked on or after November 30, 2026.
- Have the source and path of your funds documented from the start.
Where to start
Before committing $800,000 or more, check whether your record already qualifies you for a self-petition. Our free evaluation at /evaluate/ shows whether EB-1A or an NIW is realistic for you, and Frank, our AI assistant at /frank, finds real opportunities for the criteria you are missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 23, 2026.
- 8 U.S.C. 1153(b)(5) (Cornell LII). Investment amounts; 2027 automatic adjustment; reserved visas and carryover; rural definition; rural priority; regional center authorization through September 30, 2027; protection for petitions filed on or before September 30, 2026; 2-year investment and 10 jobs.
- 8 U.S.C. 1186b (Cornell LII). Conditional residence; 90-day filing window before the second anniversary.
- DHS, EB-5 Fee Rule, 91 FR 61940 (Sept. 30, 2026). New EB-5 fees from November 30, 2026.
- DHS, EB-5 Reform and Integrity Act proposed rule, 91 FR 40676, FR Doc. 2026-13392 (July 2, 2026). Proposed implementation, including the January 2027 adjustment.
- USCIS, Form G-1055 Fee Schedule (edition 10/16/26). Current I-526 and I-526E fees.
Frequently asked questions
How much does an Indian investor need for an EB-5 visa in 2026?
Under the statute as of October 2026, the minimum is $1,050,000, or $800,000 for an investment in a targeted employment area, meaning a rural or high-unemployment area, or in an infrastructure project. The amounts are the same for every nationality. They are due to adjust for inflation for petitions filed on or after January 1, 2027, with DHS publishing the new figures in the Federal Register.
What is the EB-5 rural set-aside and why does it matter for India and China?
The statute reserves 20 percent of EB-5 visas each year for investors in rural areas, 10 percent for high-unemployment areas and 2 percent for infrastructure projects. Unused reserved visas carry over in the same category for one more year. Because these reserved visas are counted separately from the unreserved pool, they can matter more for investors from backlogged countries, but availability is set each month in the Visa Bulletin.
What happens if the EB-5 regional center program expires in 2027?
The statute authorizes regional center visas through September 30, 2027. It also says that, even if that authority expires, DHS must keep processing regional center petitions filed on or before September 30, 2026, may not deny them because of the expiration, and may not stop allocating visas to their approved beneficiaries. Petitions filed after that date do not have the same written protection.
Is an EB-5 green card permanent right away?
No. Under 8 U.S.C. 1186b, the investor, spouse and children receive permanent residence on a conditional basis. The investor files a petition to remove conditions during the 90 days before the second anniversary of becoming a resident, showing the investment was sustained and the jobs requirement met. From November 30, 2026, that Form I-829 costs $5,000.
What counts as a rural area for EB-5?
The statute defines a rural area as any area outside a metropolitan statistical area designated by the Office of Management and Budget, and outside the outer boundary of any city or town with a population of 20,000 or more, based on the most recent census. A rural investment qualifies for the lower $800,000 amount, the 20 percent visa reserve and priority processing.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
