Investor & founder routes
What is the EB-5 investor green card?
EB-5 is a green card for investing in a new U.S. business that creates at least 10 full-time jobs. The minimum is $1,050,000, or $800,000 if the business is in a rural area, a high-unemployment area, or an infrastructure project. Buying a home or a rental property to hold does not qualify — the investment must be in a for-profit enterprise that creates the jobs.
Primary legal authority
- INA §203(b)(5) / 8 U.S.C. §1153(b)(5) — The statute: new commercial enterprise, 10 jobs, the $1,050,000 / $800,000 amounts, reserved visas, and the regional center program through Sept. 30, 2027.
- 8 CFR §204.6(e) — Defines a commercial enterprise as a for-profit activity and excludes 'a noncommercial activity such as owning and operating a personal residence.' Capital must be at risk.
- INA §245(n) — Lets an EB-5 investor file for adjustment of status at the same time as the petition when a visa number is available.
Who qualifies
Anyone who invests the required amount of their own lawfully obtained capital in a new commercial enterprise and can show it will create at least 10 full-time jobs (35 hours or more per week) for U.S. workers. You, your spouse and your children do not count as those workers.
There is no education, language or employer requirement. The source of the money is checked carefully: you must document where every dollar came from.
How much you must invest
$1,050,000 is the standard amount. It drops to $800,000 if the enterprise is in a targeted employment area — a rural area, or an area with unemployment at least 150% of the national average — or is an infrastructure project.
These figures come from the statute as amended in 2022. They adjust for inflation starting January 1, 2027 and every five years after that, rounded down to the nearest $50,000. Check the current amount on uscis.gov before you plan around it.
Real estate: what counts and what does not
A personal residence does not count. The regulation says so directly: a commercial enterprise does not include 'a noncommercial activity such as owning and operating a personal residence.' Buying an apartment to live in, or a property to rent out and hold, does not create the jobs the statute requires.
Real estate development can count. Many regional center projects are hotels, housing or mixed-use developments, because construction and operations create countable jobs. The difference is that you are investing in a job-creating business, not buying property.
Direct investment or regional center
You can invest directly in a business you help run, and count only the jobs it directly creates. Or you can invest through a USCIS-designated regional center, which may count indirect jobs from an economic model. Most investors use regional centers.
Each year, 20% of EB-5 visas are reserved for rural projects, 10% for high-unemployment areas and 2% for infrastructure. Those set-asides have moved faster than the general queue for some countries.
Key dates
The Regional Center Program is authorized through September 30, 2027. Petitions filed on or before September 30, 2026 keep being processed even if the program later lapses (INA §203(b)(5)(S)). Whether to file before that date is a legal and investment decision for you and your attorney — not something this page can tell you.
You get a two-year conditional green card first, then file Form I-829 to remove the conditions once the jobs are created.
Frequently asked questions
Can I get an EB-5 green card by buying a house?
No. 8 CFR §204.6(e) excludes 'owning and operating a personal residence' from the definition of a commercial enterprise. The investment must be in a for-profit business that creates at least 10 full-time jobs.
Can an EB-5 investment be in real estate at all?
Yes, if it is a job-creating business rather than property held for personal use or passive rent. Real estate development projects run through regional centers are a common EB-5 vehicle because construction and operations create the required jobs.
How much is the EB-5 minimum investment?
$1,050,000, or $800,000 in a targeted employment area (rural or high-unemployment) or an infrastructure project — INA §203(b)(5)(C). The amounts adjust for inflation from January 1, 2027.
How many jobs does EB-5 require?
At least 10 full-time jobs (35+ hours per week) for qualifying U.S. workers. The investor's own family does not count.
Can I file my green card application at the same time as the EB-5 petition?
Yes, if a visa number is immediately available for your category and country. INA §245(n) allows the adjustment of status application to be filed concurrently with or after the petition.
What happens on September 30, 2026?
It is the last day to file a regional-center petition that is protected under INA §203(b)(5)(S) — such petitions keep being processed even if the Regional Center Program later expires. The program itself is authorized through September 30, 2027.
JustiGuide provides legal information, not legal advice, and is not a law firm. This page is a general overview and is not a substitute for advice about your specific situation from a licensed immigration attorney. Last reviewed 2026-09-01.