Canonical reference for EB-5 minimum investment thresholds set by the EB-5 Reform and Integrity Act of 2022 — the figures USCIS is adjudicating against in fiscal year 2026.
$800,000 (TEA) / $1,050,000 (non-TEA). Set by the EB-5 Reform and Integrity Act of 2022. These figures are the thresholds USCIS is adjudicating against for I-526E petitions filed in fiscal year 2026. Last verified: July 21, 2026. Source: USCIS EB-5 program page + EB-5 Reform and Integrity Act of 2022.
For the full EB-5 eligibility overview, ROI risks, and the end-to-end filing process, see /guides/eb5-investment-visa. The canonical 2026 minimums are $800,000 (TEA) / $1,050,000 (non-TEA) — this page is dedicated to that figure and the questions that surround it.
For current I-526 / I-526E processing times by USCIS service center, see the /processing-times/i-526 tracker.
The EB-5 Reform and Integrity Act of 2022 — and only that act — sets the minimum capital thresholds USCIS uses today. The pre-2022 figures ($500,000 TEA / $1,000,000 non-TEA) no longer apply. The base amounts in the statute are not auto-indexed to inflation; Congress would have to amend the law to change them.
| Project Location | 2026 Minimum Investment | Effective Since | Statutory Reference |
|---|---|---|---|
| Targeted Employment Area (TEA) | $800,000 | March 15, 2022 (RIAA) | INA §203(b)(5)(C)(ii)(II)(aa) |
| Non-TEA (any other location) | $1,050,000 | March 15, 2022 (RIAA) | INA §203(b)(5)(C)(ii)(II)(bb) |
The standard government filing fee for Form I-526E is in addition to the investment capital ($3,675 base filing fee, plus an additional $1,000 for regional center-related petitions, as of 2026). The investment capital must remain "at risk" throughout the conditional residence period — repurchase and redemption guarantees are not permitted by USCIS and will result in a denied I-829.
A Targeted Employment Area is a geographic designation that reduces your required investment to $800,000. USCIS recognizes two TEA categories under the 2022 RIAA framework:
You cannot choose which TEA category your project falls under retroactively — the designation must be valid on the date you file Form I-526E. Confirm current TEA status with your regional center or state economic development office before wiring funds to escrow. The rural TEA criterion is the most stable of the two because it depends on long-term census geography rather than annual unemployment statistics.
The $800K / $1.05M 2026 minimums apply to both Regional Center and Direct EB-5 investments. The difference between the two routes lies in how the 10-job requirement is satisfied, not in the investment figure:
| Aspect | Regional Center EB-5 | Direct EB-5 |
|---|---|---|
| Job counting | Direct + indirect + induced jobs (per economic model) | Only direct W-2 jobs at the new commercial enterprise |
| Typical market share | ~95% of all filings | ~5% of filings |
| Day-to-day management | Passive investor role | Active management required |
| Form used | I-526E | I-526 (pre-RIAA still honored for pure direct) or I-526E |
| Investment minimums (2026) | $800K TEA / $1.05M non-TEA | Same ($800K TEA / $1.05M non-TEA) |
| Typical path complexity | Pooled project + PPM + escrow | Sole proprietorship / business plan |
The Regional Center route dominates because indirect/induced job counting via RIMS II or IMPLAN multipliers makes the 10-job requirement far easier to evidence. A Direct EB-5 — where you own and operate the new commercial enterprise directly — is workable for investors who want hands-on control or are investing in an existing business they intend to grow, but it requires demonstrable operational involvement and is rarely pursued by purely passive investors.
USCIS requires traceable, documented evidence that every dollar of your EB-5 investment came from a lawful source. This is the highest-denial-rate element of the I-526E petition — incomplete or inconsistent source-of-funds documentation is the most common Request for Evidence trigger.
Acceptable source-of-funds categories, with the documentation USCIS expects for each:
The investment capital must be genuinely at risk for the entire conditional residence period. Promised buybacks, guaranteed returns, or redemption agreements between the investor and the regional center project are grounds for I-829 denial — even if the I-526E was approved. Read the Private Placement Memorandum (PPM) carefully and have independent immigration counsel review the subscription agreement before you wire funds.
Every EB-5 petition, regardless of route, must create or preserve at least 10 full-time jobs for U.S. workers. The definition of "qualifying job" is strict:
In Regional Center cases, the 10-job threshold can be satisfied by a combination of direct, indirect, and induced jobs, estimated by regional economists using RIMS II multipliers from the U.S. Bureau of Economic Analysis or commercial IMPLAN models. In Direct EB-5, only the direct W-2 jobs you create at the new commercial enterprise count — there is no multiplier, so for many direct projects the 10-job requirement is the binding constraint.
USCIS increasingly conducts site visits on Regional Center projects to verify that the economic-modeling assumptions match on-the-ground progress. Documentation discipline throughout the conditional residence period matters: every payroll cycle, every construction milestone, every business expansion should be recorded for the I-829 petition that follows approximately 2 years after I-526E approval.
Form I-526E is the post-RIAA EB-5 immigrant petition — it is the only form accepted for Regional Center filings as of fiscal year 2023 and onward. Direct EB-5 filings on the legacy Form I-526 are no longer accepted by USCIS; both routes use I-526E.
Current processing time ranges by service center (last refreshed July 21, 2026 against USCIS data): 30 to 62 months. Premium processing is not available for I-526E — there is no upgrade option comparable to the I-129 / I-140 premium processing tier. Petitioners build their filing strategy around the I-526E queue, not around an adjudication SLA.
Dependents are included at no separate investment cost. Your spouse and your unmarried children under 21 derive conditional permanent residence from your I-526E approval — they receive conditional 2-year green cards when you consular-process (DS-260 abroad) or adjust status (I-485 if in valid U.S. status). At the I-829 stage (filed 90 days before the 2-year conditional anniversary), dependents receive unconditional permanent resident status alongside you.
Children who turn 21 before your I-829 is approved may "age out" and need to file their own petition. The Child Status Protection Act (CSPA) may freeze the age-out clock — consult an immigration attorney on whether CSPA applies to your family's timeline.
Our AI agent walks through your available capital, project type, source-of-funds readiness, and timeline — then tells you whether EB-5 fits alongside EB-1A, EB-2 NIW, or O-1 as a parallel green-card path.
Talk to the AI Visa Agent → Read the full EB-5 guide$800,000 (TEA) / $1,050,000 (non-TEA) — set by the EB-5 Reform and Integrity Act of 2022, still in force for FY2026. No inflationary adjustment has been enacted as of the publication date of this reference page.
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This page is a reference snapshot of EB-5 minimum investment thresholds as of July 21, 2026. EB-5 rules and amounts are subject to legislative change; always verify the current figure set on USCIS.gov before filing. Consult a licensed immigration attorney for advice on your specific situation. Last verified: July 21, 2026. Last updated July 21, 2026.