EB-5 Visa: Why Timing Matters for Investors in 2026 and 2027

The EB-5 visa remains available under its current structure, including defined investment thresholds and a well-established process. The minimum investment amounts are scheduled to be adjusted for inflation on January 1, 2027, which may increase the cost to qualify. Separately, certain investors who file before September 30, 2026 may have potential continued processing protections if the EB-5 Regional Center Program later lapses, depending on applicable law and individual circumstances.

Future investment-based programs may introduce higher requirements and less predictable conditions.

✅ Defined investment requirements under the current EB-5 program

✅ Established legal framework with a defined process

✅ Eligibility for spouse and children under 21

✅ Guidance from our team to help evaluate your EB-5 eligibility and options

Applying under the current framework allows you to move forward with greater clarity before potential changes take effect.

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✅ Defined investment requirements under the current EB-5 program

✅ Established legal framework with a defined process

✅ Eligibility for spouse and children under 21

✅ Guidance from our team to help evaluate your EB-5 eligibility and options.

Applying under the current framework allows you to move forward with greater clarity before potential changes take effect.

What is the EB-5 Investor Visa?

The EB-5 visa is an employment-based immigrant visa that allows foreign investors to seek U.S. permanent residence by making a qualifying investment in a U.S. business that creates jobs.

Unlike non-immigrant visas, the EB-5 visa may provide a potential path to permanent residence for the investor and eligible family members, subject to meeting program requirements and successful adjudication.

The program operates within a defined legal framework, which allows applicants to understand current requirements, timelines, and expectations.

Evaluating eligibility under the existing structure may provide greater clarity compared to navigating future programs that may introduce new conditions.

Who should consider the EB-5 visa?

You may consider the EB-5 visa if you:

Are seeking U.S. permanent residence through the EB-5 program

Prefer a pathway that does not require you to actively manage a business on a daily basis

Have the financial capacity to make a qualifying investment

Want to include your spouse and children in your application

For many investors, the EB-5 visa offers a structured and well-understood pathway. Exploring this option earlier may help you assess eligibility and organize documentation with a clearer understanding of your situation.

Important Disclosure: Not all applicants qualify. Immigration outcomes depend on individual facts, eligibility requirements, and government adjudication. Approval of an EB-5 petition and the ability to obtain permanent residence depend on meeting all program requirements and successful adjudication by the U.S. government.

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I started with Nathan West for an initial consultation. Although the meeting was scheduled for 30 minutes, Nathan generously spent 1.5 hours answering all my questions about E-2 and EB-5 visas. His thoroughness exceeded my expectations. I highly recommend Ashoori Law for immigration needs.

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We worked with Ashoori Law Firm (with Attorney Yuliya) for our EB5. Their documentation and hands-on support was exceptional! Going in, we wanted fast application submission due to priority date being current in Fall 2024. Ashoori and Yuliya were on top of things from the beginning, and ensured our application was timely and error free.

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I would like to thank the team of Ashoori Law who took care of my application for EB5 .
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I would like to thank you from the bottom of my heart for all your help with my cases. It had been an exciting journey since 2018 when we first started working with Ashoori law Office on my E visas .I am grateful to you and to all your colleagues who assisted in the whole process. Thank you so much! I appreciate all of your help and guidance Attorney Fredrick has also been great, and I appreciate all the hard work that he has put into my case EB5 as well. This was a long process but definitely worth it!

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Initial calls are informational and do not create an attorney-client relationship.

Key EB-5 visa requirements

To qualify for the EB-5 visa, applicants must generally meet the following core requirements:

Make a qualifying investment in a U.S. enterprise consistent with program requirements

Demonstrate that funds were obtained through lawful sources

Create at least 10 full-time jobs for qualifying employees

Maintain the investment for the required period

These requirements are set by the current EB-5 framework, and eligibility depends on individual facts and supporting evidence. Beginning the process earlier may provide additional time to document the source of funds, structure the investment appropriately, and address potential issues in advance.

Our team can help you understand how these requirements may apply to your specific situation. If you choose to move forward, an independent EB-5 immigration attorney may assist with your case.

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HOW CURRENT EB-5 REQUIREMENTS COMPARE TO POTENTIAL FUTURE PROGRAM CHANGES

EB-5 (Current Program)

Defined investment thresholds under current law

Established current statutory framework

More clarity on current implementation rules and filing structure

Potential Future EB-5 Program Changes (If Rules Change After the Current Program Period)

Potential for changes to investment requirements

New or evolving regulatory requirements

Potentially less clarity on implementation and timelines

The key difference is not only the program itself, but the conditions that may apply at the time you file.

Important: EB-5 investments involve risk and do not guarantee immigration approval or return of capital.

Why Many Investors Are Reviewing Their EB-5 Options Now

While the EB-5 visa remains available under current rules, program timelines and investment thresholds may change in the future.

Who should consider the EB-5 visa?

More time to gather and document the lawful source of investment funds
The ability to evaluate eligibility under current investment thresholds
Additional flexibility to plan around potential future program changes
Separately, for certain investors, filing before September 30, 2026 may provide continued processing protections if the EB-5 Regional Center Program later lapses, depending on applicable law and individual circumstances

Disclaimer: This does not mean immediate action is required, but early evaluation can provide more flexibility in decision-making.

Potential Cost Advantages Under Current Rules

Program requirements and costs can change over time, and early evaluation may provide more flexibility.

U.S. Permanent Residence Path

For eligible investors, EB-5 can provide a pathway toward U.S. permanent residence.

Family Benefits

Eligible family members may be included, subject to applicable rules.

Clear, Structured Process

Step-by-step guidance and documentation support through the filing process.

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The EB-5 process

Step 1

Initial Call

Speak with our team to review your goals and background and discuss whether EB-5 may be a fit.

Step 2

Case evaluation and strategy

Review eligibility, assess investment structure, source of funds, and discuss potential application strategies. If you choose to move forward, an experienced EB-5 immigration attorney may assist with your case.

Step 3

Petition preparation and filing

If you choose to move forward, your legal team prepares and submits your EB-5 petition.

Step 4

Ongoing guidance

Receive guidance on the review process and potential next steps.

Legal representation is provided by an independent immigration attorney. Contacting us does not create an attorney-client relationship.

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Why work with Ashoori Law?

Ashoori Law has worked with investors from around the world on U.S. immigration matters, including EB-5-related matters.

Our team provides structured, detail-oriented guidance on EB-5 matters, helping you understand requirements, timelines, and available options.

4,026+

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Overall Historical Approval Rate (All Case Types Combined)

25+

Years of Combined Legal Experience

14

Languages Spoken

8

Years in Business

*This figure reflects the combined historical approval rate across multiple immigration case types and does not represent the approval rate for any individual visa category.

These figures include matters handled by Ashoori Law and matters handled in collaboration with independent immigration attorneys in coordination with Ashoori Law.

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Frequently Asked Questions

Answers to common questions about the EB-5 immigrant investor program, including how EB-5 compares with the U.S. Gold Card.

What Is the Difference Between the EB-5 Program and the Gold Card?

The EB-5 program is an established employment-based immigrant visa category under U.S. immigration law, created by Congress in 1990, that allows eligible investors to pursue permanent residence through a qualifying investment and job creation.

The U.S. Gold Card is a newer program announced by Executive Order in September 2025. USCIS has created Form I-140G for the Gold Card Program, with a filing fee of $15,000 per person. Because this program is newer and may be subject to changes, applicants should review current official guidance before relying on it.

For many applicants, EB-5 remains the more clearly defined, congressionally established, and legally stable pathway.

Can the Gold Card Lead to a U.S. Green Card?

The EB-5 program is a direct employment-based pathway that may lead to U.S. permanent residence for eligible applicants.

The structure and implementation of the U.S. Gold Card may continue to evolve. Applicants should review current official guidance before relying on any specific pathway, requirements, or processing details. However, because it was created by executive order rather than an act of Congress, it carries legal and policy uncertainty that EB-5, a statutory program, does not. Processing timelines, visa availability, and country-of-birth backlogs may also affect how quickly residency is obtained.

Individuals considering either option should carefully review the most current official guidance and consult with a qualified immigration professional.

How Do the Costs of EB-5 Compare to Other Options?

The EB-5 program has specific investment requirements defined under current U.S. immigration law. The minimum qualifying investment is $800,000 in a targeted employment area or qualifying infrastructure project, or $1,050,000 for other investments. These thresholds are scheduled to be adjusted for inflation on January 1, 2027. Additional costs may include government filing fees and related professional services.

The Gold Card requires a $1,000,000 non-refundable gift to the U.S. government, plus a $15,000 non-refundable processing fee per person. Unlike EB-5, this contribution is not a recoverable investment, it is a one-way payment. Family members wishing to be included must each pay their own contribution and fees separately.

Because requirements and fees can change, it is important to review current program details based on your individual situation.

Can My Spouse and Children Be Included?

For EB-5, the principal investor's spouse and unmarried children under 21 may generally qualify as derivative family members, subject to applicable rules at the time of filing and adjudication.

For the Gold Card, spouses and unmarried children under 21 may also be included, but each family member must submit their own application, pay their own processing fee, and make their own separate $1,000,000 contribution. This is a meaningful cost distinction compared to EB-5.

Eligibility for family members under any program should be reviewed based on current official guidance.

What Happens After I Submit the Form on This Page?

How Long Does the Process Take?

Processing times vary based on USCIS workload, case complexity, visa availability, and whether the case proceeds through adjustment of status or consular processing.

Timelines can vary significantly depending on individual circumstances, including country of birth and the type of project selected. Because timelines vary, it is important to review current government processing information based on your specific situation.

What Are the Main Requirements for the EB-5 Program?

To qualify for the EB-5 program, applicants must generally:

Make a qualifying investment in a new U.S. commercial enterprise ($800,000 in a targeted employment area or qualifying infrastructure project, or $1,050,000 for other investments)
Demonstrate that investment funds were obtained lawfully
Create at least 10 full-time jobs for qualifying employees
Be involved in the management of the enterprise (typically satisfied through a limited partnership role in regional center investments)
Meet all applicable filing and eligibility requirements

Eligibility depends on individual circumstances and successful adjudication by the U.S. government.

Responses are for informational purposes only and do not constitute legal advice. Individual eligibility must be evaluated by an attorney.

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Take The First Step

Speak with our team, discuss your goals, and learn whether EB-5 may be a fit for your immigration goals.

Responses are for informational purposes only and do not constitute legal advice. Individual eligibility must be evaluated by an attorney.

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