EB-5 immigrant investor in 2026

EB-5 is an immigrant investor category. Unlike E-2, it is designed around permanent residence rather than renewable temporary treaty status.

Current investment levels

USCIS states that qualifying post-RIA investor cases generally require:

  • $1,050,000 in a qualifying new commercial enterprise; or
  • $800,000 where the investment qualifies for the targeted-employment-area or infrastructure-project level under the current law.

Use current USCIS guidance for the filing date because the statute provides for periodic adjustments and the investment structure must satisfy detailed rules.

Job creation

The EB-5 framework generally requires creation of at least 10 full-time jobs for qualifying U.S. workers. How job creation is documented depends in part on whether the investment is a direct/standalone investment or through a qualifying regional-center structure.

Lawful source and path of funds

An investor must document the lawful source and movement of the invested capital. Merely possessing the minimum amount does not establish EB-5 eligibility.

Conditional residence

Successful EB-5 processing initially leads to conditional permanent residence. The investor later must complete the separate process to remove conditions by showing the applicable investment and job-creation requirements were met.

E-2 and EB-5 are different

E-2 is a temporary treaty-country classification with no universal statutory dollar minimum. EB-5 is an immigrant program with statutory investment and job-creation requirements. A person should not treat the two as interchangeable simply because both involve business capital.

Compare E-2, International Entrepreneur Parole, and EB-2 NIW.

Verified against USCIS sources on 20 September 2026.

Official and supporting sources

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