EB-5 Visa Requirements 2026:
Complete Guide for International Investors
Investment minimums, source of funds documentation, the 10-job requirement, USCIS processing timeline, and how EB-5 compares to employment-based green cards.
EB-5 Eligibility Checklist
EB-5 has no nationality, age, language, or educational requirements. Eligibility is defined by five criteria. Click each item to expand the full explanation.
EB-5 Investment Tiers: TEA vs. Standard
USCIS sets two investment minimums based on project location. The right tier for you depends on where your chosen project is located โ not your personal preferences.
- Rural areas or urban zones with โฅ150% national unemployment
- Saves $250,000 vs. standard minimum
- Rural TEA projects get 20% visa set-aside + priority processing
- TEA status verified at time of I-526E filing
- Majority of Regional Center projects qualify
- Urban, low-unemployment areas (major metros)
- Higher minimum โ $250K more than TEA tier
- No visa set-aside or processing priority
- Broader choice of project types in prime locations
- Fewer projects use this tier today
The 10 Full-Time Jobs Requirement
Every EB-5 investor must demonstrate that their investment created or will create at least 10 full-time positions for qualifying US workers. This is not optional โ it is a statutory requirement under the Immigration and Nationality Act.
- Direct and indirect and induced jobs all count
- Economist-modeled methodology (RIMS II, IMPLAN)
- Passive investor โ no business management required
- 10ร easier to satisfy with job multiplier cascade
- RC manages compliance reporting to USCIS
- Only direct W-2 employees count toward the 10
- Must actively manage the new commercial enterprise
- Investor bears full compliance burden
- Suitable only for entrepreneur-investors
- No RC admin fee (~$50โ75K saved)
Source of Funds โ 5 Approved Categories
USCIS requires comprehensive documentation of how your investment capital was earned or obtained. Select your source type below to see the required documentation.
๐ฆ Personal Savings โ Required Documentation
- 24โ36 months of personal bank statements (all accounts)
- 3 years of personal tax returns (US and foreign)
- Explanation of large deposits or transfers
- Salary slips or employment income records
Savings accumulated over many years are the most straightforward SOF โ but every large balance increase must be explained and documented.
USCIS Milestone Timeline
The EB-5 process spans multiple USCIS milestones over 5โ7 years. Click any bar to see milestone details.
EB-5 vs. Employment-Based Alternatives
EB-5 is one of several employment-based green card categories. Here is how it compares to the most common alternatives for internationally-born investors.
| Criteria | EB-5 | EB-2 / EB-3 (India example) | EB-1A |
|---|---|---|---|
| Min. Backlog (India) | 5โ7 years | 40โ80+ years | None (current) |
| Employer Sponsorship Required | No | Yes | No |
| Investment Required | Yes ($800K+) | No | No |
| Spouse Work Authorization | Yes (EAD during processing) | Limited (H-4 EAD, restrictions) | Yes |
| Children (under 21) Included | Yes | Yes | Yes |
| Processing Certainty | High (if docs correct) | Quota/backlog dependent | USCIS discretionary |
Frequently Asked Questions
The most common questions investors ask before beginning the EB-5 process.
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