EB-5 Visa Fee Changes 2024: Cost Analysis for I-526E and I-829 Filings
To obtain the EB-5 visa, you'll need to invest a minimum of $800,000 in an approved TEA or $1,050,000 elsewhere, making sure your capital establishes or sustains a minimum of 10 full-time U.S. jobs. This route presents you and your loved ones a route to permanent residency, but handling the complex requirements, job creation guidelines, and paperwork requirements can be difficult. Qualified EB-5 attorneys can optimize your plan, safeguard your investment, and handle legal hurdles—here's how to optimize positive results along the way.

Key Takeaways
To qualify for an EB-5 visa, you need a minimum investment of $1,050,000, or $800,000 when investing in a Targeted Employment Area, for a new or substantially reformed U.S. business enterprise. Applicants must generate or sustain at least 10 full-time jobs for qualified U.S. workers to meet the investment qualifications. This initiative allows program participants, their spouses, and dependent children below 21 years of age to secure a U.S. green card and possible citizenship. The application process starts with the I-526 form, after which comes adjustment of status or consular processing options once the petition is approved. Skilled EB-5 immigration specialists help applicants through the complete process of investment selection, required documents, legal requirements, and every phase of the immigration procedure.
The EB-5 Investment Visa: Historical Context and Goals
Since the U.S. government has consistently looked for methods to enhance the national economy, Congress implemented the EB-5 Immigrant Investor Program in 1990 as a strategic measure to strengthen the American economy through overseas funding and workforce expansion. The program's background shows its transformation from an entrepreneur's visa to an investor's visa, designed to attract international investment into commercial projects.
The U.S. Congress improved the program's investment framework by introducing the Immigrant Investor Pilot Program (referred to as) the Regional Center Program, which permitted investors to consider both direct and indirect jobs toward the mandatory 10-job creation threshold. This modification made the program more attractive by allowing passive investments through pre-approved regional centers, significantly enhancing participation rates after 2005 when USCIS established reforms to streamline the application process.
Investment Thresholds: TEA and Standard Options
The EB-5 visa program has transformed from its early beginnings to feature varied investment thresholds designed for different economic zones. For investors, you'll need to understand the two investment pathways you can choose from.
The standard minimum investment requirement currently stands at $1,050,000 for projects located outside designated areas. However, if you choose to invest in a designated TEA zone—which includes high-unemployment regions or rural locations—you'll qualify for a reduced threshold of $800,000.
No matter which investment threshold pertains to your situation, you need to ensure your capital creates at least 10 full-time positions for qualifying U.S. workers. These varying investment requirements reflect the program's objective to promote economic growth in areas that have the greatest need while giving investors a route to permanent residency.
Employment Generation Criteria: Reaching the 10-Job Minimum
As an EB-5 investor, you must create or preserve at least 10 full-time jobs for qualified U.S. workers in two years of becoming a Conditional Permanent Resident. While direct investments necessitate you to create employer-employee relationships with your enterprise as the direct employer, regional center investments deliver greater flexibility by enabling up to 90% of your job creation requirement to be satisfied through indirect jobs generated as a result of your investment. If you're considering supporting a troubled business, you can satisfy requirements through job maintenance rather than new job creation, provided you sustain existing employment at pre-investment levels for at least two years.
Direct vs. Indirect Jobs
Satisfying the job creation criteria forms the core of a successful EB-5 visa application, with different pathways available depending on your investment structure. When you choose a direct investment, you must demonstrate direct job creation—your business needs to employ at least 10 full-time U.S. workers directly, forming an employer-employee relationship within your new commercial enterprise. Conversely, if you invest through a regional center, the rules allow you to count both direct and indirect job creation. Indirect jobs are those generated as a result of the project’s economic activity, such as jobs at vendors or contractors, expanding your options for meeting the 10-job threshold with increased flexibility.
Benefits of Regional Centers
Choosing a regional center provides a streamlined path to meet the EB-5 program's 10-job requirement, delivering versatility that's particularly valuable for investors who seek a less hands-on approach. This investment option permits you to include various forms of job creation, substantially increasing your capacity to satisfy USCIS requirements.
A significant advantage of the regional center approach is the minimal day-to-day management. There's no need to handle day-to-day business operations, making it possible for you to maintain unrelated work while working towards your green card.
Many regional center projects are positioned in targeted employment areas (TEAs), qualifying for the lower $800,000 investment threshold as opposed to the standard $1.1 million requirement. Additionally, exemplar approvals offer added confidence—when you invest in a pre-approved project, a significant portion of your I-526 petition is pre-approved, leaving only your source of funds documentation for review.
Maintenance Job Choices
Although numerous investors focus on creating ten jobs, keeping these roles throughout the required investment period is equally critical for EB-5 compliance. For investments in a troubled business, you must demonstrate that existing jobs were maintained—this is where job retention strategies become essential. Monitoring workforce status, retaining qualified U.S. workers, and maintaining full-time positions are all critical steps. Employment verification should be systematic and carefully documented to prove that jobs were preserved during the investment window. Proactive use of a job buffer—generating more than the minimum ten jobs—can provide a safeguard against unanticipated reductions, minimizing risk and reinforcing your application for meeting EB-5 requirements.
The Application Journey: I-526 Petition to Conditional Green Card
Your path to EB-5 starts with filing Form I-526, which currently takes between 71.1 months to process, though rural projects can receive expedited approvals in as little as 11 months. You'll then proceed through either adjustment of status (if you're in the U.S.) taking 6-8 months, or consular interview process (if outside the U.S.) involving DS-260 filing with an interview generally scheduled within 60-90 days after USCIS approval. Finally, you must file Form I-829 to eliminate the conditions on your permanent resident status, a process that typically takes 22-48.5 months but finally permits you and your family to permanently reside in the United States.
How to File Your I-526 Petition
The journey commences when you fill out and file Form I-526, the Alien Investor Immigration Petition, with U.S. Citizenship and Immigration Services (USCIS). Your petition needs to confirm eligibility and establish your considerable investment in a eligible U.S. business.
As you prepare your I-526 checklist, gather documents showing your capital source, detailed business strategy, and job creation projections. Select either a direct investment approach or regional center involvement based on your investment objectives.
Current USCIS petition processing times differ considerably, with USCIS focusing on petitions filed prior to March 15, 2022. Once approved, you must move forward with filing Form DS-260 to initiate your immigrant visa registration.
The petition serves as a formal document verifying adherence to EB-5 criteria and investment commitment. While processing can be lengthy, thorough preparation guarantees your petition fulfills all conditions for the next steps in pursuit of permanent residency.
Understanding Consular Processing and Adjustment Options
After receiving I-526 petition approval, you must select between two different routes to obtain your EB-5 conditional green card: consular processing or adjustment of status. Your location and current immigration status when approval is granted will establish which path is best for you.
Consular processing is necessary for individuals outside America, requiring submission of the DS-260 application and civil documents to the NVC, after which you must complete a required interview at an American consulate.
Adjustment of status is only available when you're legally present in the U.S. Although this route generally provides a faster timeline and allows you to maintain employment and travel during processing with Employment Authorization and Advance Parole documents, not all individuals meet the requirements for this route.
All paths ultimately leads permanent residency but varies significantly in processing requirements and time frames.
Lifting Residential Conditions
After your petition receives approval and you have completed either consular processing or adjustment of status, you will receive a conditional green card valid for two years. To remove the conditions on your permanent residency, you need to file Form I-829 during the 90-day period before your card expires. You will need to show you've met all residency requirements: maintained your investment and guaranteed your business has created or will create at least 10 full-time jobs. Meeting these conditions is essential. Missing the deadline for your I-829 petition on time can result in the cancellation of your permanent resident status. Prompt, proper filing, accompanied by thorough documentation, is crucial for successfully removing conditions and maintaining long-term residency benefits.
Transitioning from Conditional to Permanent Residence
As your two-year conditional permanent resident status approaches expiration, based on your EB-5 investment, you'll need to undertake the critical process of eliminating these conditions to secure your permanent Green Card.
As a conditional status investor, your primary duty is completing Form I-829 (Entrepreneur's Petition for Condition Removal) in the 90-day timeframe leading up to the two-year anniversary of obtaining your conditional Green Card. This application must show that you've continued your investment throughout the required period and that your enterprise has established, or will create within a reasonable period, at least 10 full-time employment opportunities for qualifying employees.
Your lawyer will collect records that supports these requirements. Typical issues include preserving appropriate investment paperwork and handling financial matters that may reveal your account balance under the required minimum threshold.
Common Challenges and Pitfalls in the EB-5 Process
The EB-5 investment journey involves multiple important obstacles that investors must navigate carefully for successful outcomes. Lengthy waiting periods are typical, stemming from visa backlogs and extended review periods, which can impact your immigration timeline. Investment challenges persist; failing to conduct thorough due diligence on projects could compromise your capital and visa eligibility. Documentation issues, particularly regarding source of funds, often lead to requests for evidence or denials if not thoroughly assembled. Regional center selection requires careful consideration—choosing poorly creates compliance challenges and financial transparency concerns. Moreover, economic fluctuations can threaten job creation requirements, while evolving program rules may alter program expectations and eligibility. Anticipate these pitfalls to secure your EB-5 investment and immigration success.
The Critical Role of Legal Expertise in EB-5 Success
Legal expertise guides your EB-5 journey at each phase, helping you avoid crucial mistakes that can lead to devastating delays or denials. Lawyers eb5 lawyer deliver crucial guidance throughout the visa process, from clarifying investment criteria and employment generation requirements to guaranteeing conformity with USCIS regulations.
Your attorney will help you navigate due diligence when evaluating potential investment projects, whether through direct investment or Regional Centers. They will assist you in managing the challenges of visa adjudication and resolve any legal matters that arise during your application.
Though not required by law, legal representation is crucial for achieving success. A skilled immigration lawyer collaborates with project developers, regional centers, and government officials to develop a thorough legal approach. Considering the major financial and personal commitment at stake, expert legal direction from knowledgeable professionals maximizes your chances of achieving permanent residence status.
Frequently Asked Questions
Are Family Members Allowed to Process Visa Applications in Various Countries
If family members live in different countries, they can arrange separate visa interview locations. Interviews are generally conducted at the U.S. Embassy or Consulate nearest to each applicant's home. Contact the U.S. Embassy or Consulate directly to coordinate interviews in different locations. This arrangement accommodates families living in different countries throughout the visa process.
Is Business Experience or English Proficiency Required for Investors?
Concerned about whether you need business knowledge or English language skills for your EB-5 visa? You'll be relieved to discover there are no mandatory qualifications for business expertise, education, or language skills when submitting an EB-5 investor visa. Processing time won't increase because of absence of business experience. You just need to satisfy the investment requirements and prove you will participate in running the business.
Do I Need to Live Where My EB-5 Project Is Located?
No, you do not need to live where your EB-5 project is located. The EB-5 program has no residency requirements tying you to your project location. Upon approval of your I-526E petition and receiving your conditional green card, you can live anywhere in the United States. Your investment must remain at risk for at least 24 months, but your physical residence isn't confined to the project's location.
What Safeguards Protect My Investments in Escrow?
The funds you invest in escrow come with various protections. Escrow accounts function as a protective financial buffer, especially for substantial EB-5 investments. You'll receive FDIC insurance through Insured Cash Sweep (ICS), which fully protects your $800,000 investment rather than just $250,000 without ICS. The escrow agreement ensures your funds will be released when your I-526 petition is accepted or refunded if declined, delivering investment protection through this legal agreement with a third-party fiduciary.
Is International Travel Possible After Receiving My Green Card?
Once you have your green card in hand, you can travel abroad freely. As a permanent resident, you may travel internationally, but your trips should be temporary. For stays shorter than a year, no special permits are needed. However, if you expect to stay abroad beyond one year, you should request a reentry permit (Form I-131) prior to departure. Absences longer than half a year could affect your residency status.
Closing Remarks
Navigating the EB-5 process is more than just figures—it's a path where every detail matters. You'll need to meet specific investment requirements, verify lawful funding, and ensure job creation, all while navigating a complex application procedure. Think of an experienced EB-5 attorney as your compass: they don't just guide, they help anticipate obstacles, translating complex requirements into practical steps on your journey to permanent residency. Your green card ambition requires precision; seek professional guidance.