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United States EB-5, what changed and where it stands in 2026

The EB-5 Immigrant Investor Program lets qualifying investors and their families pursue United States permanent residence by investing in a job creating enterprise. This page covers what changed and where the rules stand in 2026.

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Reference
Official authorityU.S. Citizenship and Immigration Services (USCIS)
ProgrammeUnited States EB-5
Information current as ofJune 2026
Official source →

Information, not advice. Figures are indicative and current as of June 2026. Always confirm the present rules with the official program authority and a licensed professional before you act.

Reviewed by the Passports for Kings editorial team. Last reviewed 2 June 2026.
The programme runs under the 2022 Reform and Integrity Act, and filing fees have been subject to litigation and proposed revision. Confirm current fees with USCIS.

What changed

The programme today runs under the EB-5 Reform and Integrity Act of 2022, which reset the framework after an earlier lapse. Under that law the qualifying investment amounts are USD 800,000 for a project in a targeted employment area and USD 1,050,000 for a project outside one. USCIS now reviews targeted employment area designations directly rather than deferring to state or local determinations. The agency has also signalled processing changes, including a move toward a first in first out approach for certain investor petitions during 2026.

Current rules

Investors file an immigrant petition, and regional center investors use Form I-526E. A separate integrity fund fee applies to regional center petitions. The investment must be at risk and must support the required number of new jobs. After approval and a conditional residence period, investors file to remove conditions.

The Reform and Integrity Act also set aside a share of annual visas for rural projects, high unemployment areas and infrastructure projects, which has shaped where new capital has gone. Filing fees have been subject to litigation and proposed revision, so confirm the current amounts with USCIS.

What to watch

Watch the scheduled inflation adjustment to the investment amounts, which the law sets for January 2027, along with any final fee rule and visa availability by category and country of birth. Demand in the set aside categories and the processing order can change waiting times. USCIS publishes the binding detail.

Common questions

How much must an EB-5 investor put in?

Under current law the amounts are USD 800,000 for a project in a targeted employment area and USD 1,050,000 elsewhere. Confirm with USCIS before acting.

Who administers EB-5?

U.S. Citizenship and Immigration Services, known as USCIS, administers the programme. The Department of State handles visa issuance abroad.

When do the investment amounts change again?

The Reform and Integrity Act requires an inflation adjustment, with the first scheduled for January 2027. Verify the current figures with USCIS.

Information, not advice. Figures are indicative and current as of June 2026. Always confirm the present rules with the official program authority and a licensed professional before you act.

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Information, not advice. Figures are indicative and current as of June 2026. Always confirm the present rules with the official program authority and a licensed professional before you act.

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