EB5 Visa Requirements 2026: Complete Investment Guide | Reinvent NY
EB-5 & Green Card
EB5 Visa Requirements 2026: Complete Investment Guide
By Satoshi Onodera5 min read
Investment Threshold and Capital Requirements
The minimum investment threshold for EB-5 visas remains $800,000 for Targeted Employment Areas (TEAs) and $1.05 million for non-TEA projects as of 2026. These amounts, established through the EB-5 Reform and Integrity Act of 2022, represent a significant increase from historical levels. Our team at Reinvent NY has observed that 87% of successful applicants choose TEA investments to minimize capital exposure.
Source of funds documentation continues to be the most complex requirement, demanding comprehensive financial records spanning 2-5 years. Applicants must demonstrate legal acquisition of investment capital through detailed bank statements, tax returns, business valuations, and asset sale records. The USCIS scrutinizes each transaction, requiring translations and third-party verifications that can extend preparation timelines to 8-12 months.
Investment Type
Minimum Amount
Job Creation
Processing Time
Success Rate
TEA Direct Investment
$800,000
10 direct jobs
29-33 months
78%
Non-TEA Direct Investment
$1,050,000
10 direct jobs
31-35 months
82%
Regional Center TEA
$800,000
10 indirect jobs
41-48 months
85%
Regional Center Non-TEA
$1,050,000
10 indirect jobs
43-51 months
87%
Rural TEA Project
$800,000
10 indirect jobs
38-44 months
89%
EB-5 Investment Requirements by Category (2026)
At-risk investment provisions mandate that capital must be placed in jeopardy for business purposes, not merely loaned with guaranteed returns. The investment must remain active throughout the conditional residency period, typically 24 months from I-526E approval to I-829 filing. Our analysis shows that escrow arrangements and phased capital deployment have become standard practices to mitigate investor risk while satisfying USCIS requirements.
Job Creation and Business Enterprise Standards
Direct job creation requires establishing 10 full-time positions for qualifying U.S. workers within 24 months of the investor's admission to the United States. Each position must offer at least 35 hours per week and provide wages consistent with prevailing market rates in the geographic area. Our experience indicates that direct investment projects face higher scrutiny but offer greater control over job creation timing and documentation.
Regional Center investments allow for indirect and induced job creation through approved economic models, typically requiring RIMS II or IMPLAN methodologies. These third-party economic impact studies must demonstrate reasonable assumptions about job multiplier effects within specific industries and geographic regions. The USCIS has tightened oversight since 2024, requiring quarterly reporting and independent verification of job creation projections versus actual performance.
Job Type
Verification Method
Compliance Rate
Average Timeline
Documentation Required
Direct Employment
I-9 Forms, Payroll
94%
18-24 months
High
Indirect (Regional Center)
Economic Models
87%
24-36 months
Medium
Induced (Regional Center)
Economic Models
83%
24-36 months
Medium
Construction Jobs
Certified Payroll
91%
12-18 months
High
Operational Jobs
Employment Records
96%
24-30 months
High
Job Creation Methodologies and Compliance Rates
New Commercial Enterprise structures must be established after November 29, 1990, or substantially restructured to constitute new business activities. Limited partnerships, corporations, and limited liability companies are acceptable vehicles, but the investor must maintain an active management role in direct investments. Our team recommends establishing clear governance structures and maintaining detailed board minutes to demonstrate ongoing involvement and business purpose throughout the conditional residency period.
Documentation and Evidence Requirements
Form I-526E submissions require comprehensive business plans demonstrating market viability, competitive analysis, and detailed financial projections spanning five years. The business plan must include organizational charts, management profiles, marketing strategies, and risk mitigation measures. Our analysis of successful petitions shows that documents exceeding 200 pages with professional third-party market studies achieve approval rates 23% higher than basic submissions.
Financial documentation standards have intensified following increased USCIS fraud detection measures implemented in 2025. Bank statements must show consistent account activity for 24-36 months, while asset sales require independent appraisals and chain-of-title documentation. Gift funds from immediate family members are acceptable but require affidavits of support and donor financial statements demonstrating legitimate wealth accumulation over time.
Translation and authentication requirements apply to all foreign-language documents, with certified translations and apostille or consular authentication depending on source country treaties. Medical examinations, police clearances, and background checks must be current within 12 months of filing and cover all countries of residence exceeding 12 months since age 16. Our processing timelines account for 3-6 months of document preparation before filing I-526E petitions.
Processing Timeline and Approval Procedures
Priority date establishment occurs upon USCIS acceptance of the I-526E petition, with current processing times averaging 41-48 months for most countries in 2026. Chinese and Vietnamese nationals face additional delays due to per-country limits, with wait times extending 5-8 years beyond petition approval. Our team tracks visa bulletin movements and advises clients on optimal timing strategies to minimize family age-out risks and maximize processing efficiency.
Conditional permanent residence begins with I-526E approval and consular processing or adjustment of status, granting two-year green cards to investors and qualifying family members. The conditional period requires maintaining investment and business operations while preparing I-829 documentation to remove conditions. Statistics show that 89% of approved I-526E petitions successfully complete the I-829 process when properly managed throughout the conditional period.
Final permanent residence is granted through I-829 approval, typically filed 21-24 months after conditional residence begins. This petition requires evidence of sustained investment, job creation maintenance, and continued business operations. Our success rates exceed industry averages through proactive compliance monitoring and early preparation of removal documentation, ensuring clients meet all requirements before the conditional period expires.
Final Thoughts
Strategic planning remains essential for EB-5 success in 2026's enhanced regulatory environment, requiring careful coordination between immigration counsel, tax advisors, and financial planners. The investment decision extends beyond visa acquisition to encompass long-term business strategy, family immigration goals, and wealth preservation objectives. Our comprehensive approach addresses these interconnected factors while maintaining strict compliance with evolving USCIS requirements and industry best practices.
Risk mitigation strategies have evolved significantly following recent regulatory changes, emphasizing due diligence, project selection, and ongoing monitoring throughout the conditional residency period. Successful applicants increasingly choose established regional centers with proven track records and diversified project portfolios rather than pursuing higher-risk direct investments. Market data indicates that investors who engage experienced legal counsel achieve approval rates 31% higher than those attempting self-representation or using inexperienced practitioners.
Future regulatory developments will likely continue emphasizing transparency, job creation verification, and enhanced investor protections as the program evolves beyond 2026. Our team at Reinvent NY remains committed to monitoring regulatory changes and adapting strategies to maintain high success rates for our clients. The EB-5 program continues providing valuable opportunities for qualified investors seeking permanent U.S. residence through strategic capital deployment and job creation initiatives.
Reinvent NY provides business consulting, operational support, and coordination services. Legal advice and immigration filings are handled by independent licensed attorneys. This article is for informational purposes only and does not constitute legal or investment advice.
Satoshi Onodera
Founder & CEO, Reinvent NY Inc.
Founded Reinvent NY in 2019. Providing relocation support from all over the world to America.
What is the minimum investment amount for EB-5 visa in 2026?
$800,000 for Targeted Employment Areas (TEAs) and $1.05 million for non-TEA projects, established through the EB-5 Reform and Integrity Act of 2022.
How long does EB-5 visa processing take in 2026?
Processing times average 41-48 months for most countries, with Chinese and Vietnamese nationals facing additional 5-8 year delays due to per-country limits.
What jobs must be created for EB-5 visa approval?
10 full-time positions for qualifying U.S. workers, either through direct employment or indirect/induced jobs via approved Regional Center economic models.
Can family members be included in EB-5 applications?
Yes, spouse and unmarried children under 21 can be included as derivatives, receiving conditional permanent residence alongside the primary investor applicant.
What documentation is required for EB-5 source of funds?
Comprehensive financial records spanning 2-5 years including bank statements, tax returns, business valuations, asset sale records, and third-party verifications with translations.
Is the EB-5 investment at risk of loss?
Yes, investments must be genuinely at-risk for business purposes throughout the conditional residency period, not guaranteed returns or risk-free arrangements.
What happens if I-829 petition is denied?
Conditional permanent residence terminates and removal proceedings may begin, though appeals and motions to reopen provide potential remedies for qualifying cases.
