$800K
TEA minimum
$1.05M
Non-TEA minimum
10
US jobs required
17-120 mo
Processing range
The USA EB-5 Immigrant Investor Programme is the most expensive mainstream residency-by-investment programme in the world and also the one with the most complex execution. Unlike European golden visas (where the end state is EU residency or eventual citizenship), EB-5 grants a US green card— US permanent residency with the right to live and work anywhere in the United States, and a 5-year path to US citizenship through standard naturalization.
This guide covers the current (post-Reform-and-Integrity-Act-of- 2022) rules, the critical set-aside categories that bypass the China backlog, and the realistic timelines for different applicant profiles. If you are researching EB-5 specifically from a China context, see also our China outbound vertical which covers the broader strategic landscape.
For cross-programme comparison, see our golden visa countries ranked 2026 or our investor-visas comparison hub.
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Investment Thresholds (Post-2022 Reform)
The EB-5 Reform and Integrity Act of 2022 (RIA) established the current investment amounts and set-aside categories. The minimums are linked to inflation adjustments at 5-year intervals.
Standard (Non-TEA) Investment: USD 1,050,000
Applicants investing in projects outside Target Employment Areas (TEAs) must commit at least USD 1,050,000. The investment must be placed at risk (i.e. possible loss is required; guaranteed-return structures do not qualify) and must create or preserve at least 10 full-time US jobs within 2 years of the investor’s admission to the US.
Target Employment Area (TEA) Investment: USD 800,000
Investments in TEAs qualify at the reduced USD 800,000 threshold. TEAs are defined by the Department of Homeland Security:
- Rural TEA: Areas outside Metropolitan Statistical Areas (MSAs) and outside cities of 20,000+ population.
- High-Unemployment TEA: Areas with unemployment at 150%+ of the national average.
- Infrastructure TEA: Public-works projects administered by governmental entities.
The 10-job-creation requirement applies identically to TEA investments. The distinction is purely the lower capital threshold, which reduces the barrier but also constrains the universe of qualifying projects.
The China Backlog and Set-Aside Rescue
The EB-5 programme is subject to annual visa caps that create country-specific backlogs. For Chinese-mainland-born applicants, the unreserved-category backlog has historically run 5–10 years between I-526 approval and final visa availability. The 2022 RIA created three new set-aside categories with separate annual visa allocations that have never fully subscribed — and are therefore current (no waiting) even for Chinese applicants:
- Rural set-aside (20% of EB-5 visas): for investments in rural-TEA projects.
- High-Unemployment set-aside (10% of EB-5 visas): for investments in high-unemployment-TEA projects.
- Infrastructure set-aside (2% of EB-5 visas): for qualified infrastructure projects.
This is the single most important fact in the modern EB-5 programme: the unreserved category is severely backlogged for China and increasingly congested for India, but the set-aside categories (especially Rural) remain current. A Chinese-mainland applicant targeting a rural-TEA investment today is likely to receive a conditional green card in ~17 months, vs 5–10 years for the unreserved equivalent. Visa Bulletin updates show the unreserved category retrogressing (Chinese priority dates of September 2016 as of the May 2026 bulletin, meaning applicants who filed in 2018–2019 are still waiting) while rural is current.
Processing Timeline
- Months 1–3: Engage EB-5 immigration attorney (~USD 20K–40K), select investment project via a Regional Center or direct investment, perform due diligence on the project sponsor, securities offering memorandum.
- Months 3–4: Make the qualifying investment (escrow or direct capital deployment), file Form I-526E (rural/high-unemployment/infrastructure) or I-526 (unreserved).
- Months 3–15: USCIS adjudicates the I-526 petition. Approval time varies: ~6–12 months for set-aside categories (as of 2026), 24–36 months for unreserved.
- Months 15–17 (set-aside) / 15–60+ (unreserved, country-dependent): Visa number available. Consular processing (or adjustment of status if already in the US) results in conditional green card.
- Months 39–41 (set-aside) / 60+ (unreserved): File Form I-829 to remove conditions and receive 10-year unconditional green card. Requires demonstrating continued investment and 10-job creation.
- Month 60 onwards (set-aside): After 5 years as a green-card holder, apply for US citizenship via naturalization (or 4 years if married to a US citizen).
Direct Investment vs Regional Center
Two execution models exist:
Regional Center (majority path)
The investor purchases a limited-partnership stake in a USCIS- approved Regional Center’s pooled investment. The Regional Center structures a qualifying project (typically real-estate development, hotels, hospitality, or infrastructure), handles the job-creation documentation (including indirect and induced jobs via economic modelling), and returns capital plus modest interest at project exit (typically 5–7 years). Regional Centers charge 3–6% upfront fees and 1–2% annual management fees.
Direct Investment (minority path)
The investor directly owns and operates a qualifying US business that employs at least 10 US workers. This is a hands-on operator path — typical for entrepreneurs building franchise networks, restaurants, or small-to-mid-size commercial operations. Direct investment avoids Regional Center fees but requires active management and carries full operational risk.
Total All-In Cost for a Family of Four (TEA Rural Route)
- Qualifying investment: USD 800,000
- Regional Center fees: USD 60,000– 90,000 (varies)
- Immigration attorney: USD 20,000–40,000
- I-526E filing fee: USD 11,160
- Visa processing / adjustment of status: USD 2,500–5,000 (including medical, biometrics, consulate)
- I-829 filing fee (condition removal): USD 9,525
- Administration and translation: USD 3,000–10,000
Total all-in:approximately USD 910,000– 955,000 for a family of four on the rural-TEA route, excluding living expenses in the US during the conditional and post-condition periods. The investment itself is typically returned at project exit (at varying real-return levels), but the fees and attorney costs are not.
EB-5 vs EU Golden Visas
| Metric | 🇺🇸 USA EB-5 (Rural TEA) | 🇵🇹 Portugal Golden Visa |
|---|---|---|
| Minimum investment | USD 800,000 | EUR 200,000 (cultural donation) / EUR 500,000 (fund) |
| Minimum stay requirement | US residency required (absences > 6 months risk) | 7 days/year average |
| Processing (to conditional permit) | ~17 months | 36-40 months (AIMA backlog) |
| Path to citizenship | 5 years as green-card holder (4 if married to US citizen) | 10 years (pending April 2026 law) |
| Tax on worldwide income | Yes — US taxes green-card holders on worldwide income regardless of residence | Only if Portuguese tax resident |
| Family inclusion — dependent parents? | No | Yes |
| Dual citizenship allowed? | Yes | Yes |
| Risk of programme closure | Low — RIA 2022 reauthorised to 2027 | Medium — recent changes |
Ready to take the next step?
Compare US EB-5 vs EU alternativesTax Implications: The Hidden Cost
The most commonly underestimated aspect of EB-5 is the US tax impact. Once you receive a green card, you are a US tax resident on worldwide income regardless of where you physically live. This means:
- US taxes on global investment income (dividends, interest, capital gains) from the date you receive your green card
- Annual reporting of foreign bank accounts (FBAR) and foreign financial assets (Form 8938) — penalties for non-disclosure can exceed the account balance
- Capital-gains tax on appreciation of non-US assets acquired before you became a US resident (though certain step-up-in-basis rules may apply)
- US estate tax exposure on worldwide assets for US domiciliaries
For many non-US applicants, the tax impact materially reduces the economic case for EB-5 vs an EU residency programme where tax residency is separable from the residence permit itself. This is particularly acute for Chinese, Indian, or Middle Eastern HNW applicants with significant non-US investment income. Pre-immigration tax planning with a US tax attorney is not optional for serious EB-5 applicants — budget at least USD 20,000 for proper pre-arrival structuring.
Who Should Apply — and Who Should Look Elsewhere
Apply if you are…
- A high-net-worth individual committed to actually living in the US (green-card holders cannot maintain PR with multi-year absences)
- A Chinese-mainland-born applicant using the rural-TEA set-aside to bypass the unreserved-category backlog — this is the single most common successful EB-5 profile in 2026
- Already US-resident on a non-immigrant visa (H-1B, L-1, etc.) and wanting to convert to green card without the long skilled-worker queue
- Planning US citizenship within 5–8 years and willing to accept the worldwide-income tax consequence
Look elsewhere if you are…
- Looking for a Plan B without relocating — EB-5 requires US residence, unlike EU golden visas
- Price-sensitive — EB-5 is 4–5x more expensive than the cheapest EU options and has no cheaper variant
- A Chinese applicant pursuing the unreserved category — 5-10 year visa backlog is not competitive with EU alternatives
- Retiring with significant foreign income and wanting to avoid US worldwide taxation — an EU programme preserves tax-residency optionality
Risk Register
Programme reauthorisation risk
The EB-5 Reform and Integrity Act 2022 reauthorised the programme through 2027. Prior to 2022, the programme had been operating on short-term legislative extensions for years, creating periodic funding cliffs. The next scheduled reauthorisation vote is 2027; plan assuming it will be re-extended but not assuming the current terms will be preserved unchanged.
Regional Center risk
If your Regional Center loses USCIS approval or fails to meet the 10-job-creation target, your I-829 petition (to remove conditions on the 2-year conditional green card) may be denied. Diligence on Regional Center track record, project underwriting, and job-creation documentation is critical. Use legal counsel independent of the Regional Center.
Project-level risk
The €800K investment must remain “at risk” for the duration of conditional residency. Some projects have defaulted, leaving EB-5 investors with partial capital recovery and successful I-829s (because the jobs were created before default). Others have failed both on capital and on job creation, with both consequences. Concentrated risk is unavoidable; diversifying across two Regional Centers requires two separate investments.
US political risk
US immigration policy is more politically volatile than EU policy. While EB-5 has bipartisan support through 2027, administrative changes to processing priorities (e.g. which categories get faster USCIS adjudication) can change with any administration. Applicants with rigid timeline requirements should build in 12+ month processing-time buffers.
Frequently Asked Questions
How does the rural-TEA set-aside really bypass the China backlog?▾
The 2022 RIA allocated 20% of all EB-5 visas annually to rural-TEA projects. Because rural-TEA investment volume has historically been small relative to the unreserved category, the rural allocation has never fully subscribed — meaning visa numbers are 'current' (no waiting). Even Chinese and Indian applicants who would face 5-10 year backlogs in unreserved can receive visas in ~17 months through rural. This is the single most important tactical fact in 2026 EB-5 planning and is why almost all new Chinese-origin applications route through rural projects.
Will I have to pay US taxes on my Chinese investment income as a green-card holder?▾
Yes. Once you have a green card, you are a US tax resident on worldwide income regardless of where you physically live. Foreign dividends, interest, rental income, capital gains from foreign stocks — all subject to US income tax (with foreign tax credits for taxes paid abroad). Reporting: FBAR (annual, for accounts over $10K aggregate) and Form 8938 (Statement of Specified Foreign Financial Assets). Penalties for non-disclosure are severe. Pre-immigration tax planning is essential.
What's the difference between Regional Center and direct investment?▾
Regional Centers pool multiple investors into a single USCIS-approved project — typically real estate or infrastructure — and handle job-creation documentation (including indirect and induced jobs via economic modelling). Direct investment means you personally own and operate a US business that directly employs at least 10 full-time US workers. Regional Centers are the majority path (~95% of EB-5 investments) because of operational simplicity. Direct investment fits entrepreneurs with US operating experience or franchise networks.
Can I use EB-5 funds from a loan or mortgage?▾
Yes, within constraints. Loans must be secured by the investor's personal assets (not the EB-5 project itself), and the source of those secured assets must be lawful. Unsecured personal loans do not qualify. Home-equity lines of credit, margin loans against a personal brokerage account, and similar secured borrowing arrangements are commonly used. Loan-based EB-5 structures are routinely approved but require precise documentation.
How does EB-5 compare to the E-2 Treaty Investor visa?▾
E-2 is a non-immigrant visa (no green card) requiring a 'substantial' investment in a US business you actively operate, plus nationality of a treaty country (China is NOT a treaty country; Iran is NOT; India is NOT; most EU nationalities ARE). E-2 is cheaper and faster than EB-5 but doesn't lead to a green card, must be renewed as long as the business operates, and requires actual business management. E-2 works for nationals of treaty countries who want long-term but not permanent US presence; EB-5 works for anyone seeking a green card regardless of nationality.
Can I include my parents or adult children in EB-5?▾
No. EB-5 covers only the principal investor, their spouse, and unmarried children under 21 at the time of I-526 filing. Parents, in-laws, and adult children over 21 are excluded. This is more restrictive than Portugal (which includes dependent parents) or even the UAE Golden Visa (which allows sponsorship of adult children). Separate family-based immigration routes exist for parents of US citizens but require a different pathway and different timelines.
What happens if I want to leave the US after getting the green card?▾
Green-card holders who leave the US for extended periods risk abandonment of their permanent residency. Absences of 6 months or more trigger scrutiny at re-entry; absences of 12 months or more typically require a re-entry permit filed before departure. For investors who want optionality to return to their home country, this is a material constraint — a green card is not a 'visit anytime' permit, it's an obligation to actually reside in the US. Naturalizing to US citizenship at the 5-year mark removes this constraint.
How long until I can travel internationally as a US citizen?▾
After you have been a permanent resident (green-card holder) for 5 years (4 years if married to a US citizen), you can apply for naturalization. Naturalization processing typically takes 8-14 months. Total time from initial EB-5 investment to US passport for a rural-TEA applicant: approximately 6-7 years (17 months to conditional green card + 2 years conditional period + 5 years to naturalization eligibility + 8-14 months naturalization processing).
Updated April 2026. Sources: US Citizenship and Immigration Services (USCIS), US Department of State Visa Bulletin, EB-5 Reform and Integrity Act of 2022, IRS worldwide- income rules for US tax residents. We revise this guide after every material programme change and monthly against the Visa Bulletin; if you spot an inaccuracy, see our methodology page.