EB-5 Visa Requirements for Latin Americans in 2026: Cost, Timing and Backlog

What are the EB-5 visa requirements for Latin Americans in 2026?

The EB-5 visa requirements are the same for every nationality: a qualifying investment in a new commercial enterprise in the United States, capital that is at risk, at least ten full-time jobs for qualifying US workers, and a documented lawful source of funds. There is no separate rule for Mexican, Colombian, Brazilian, Argentine, Chilean or Peruvian investors, because EB-5 is open to nationals of all countries. The legal basis is section 203(b)(5) of the Immigration and Nationality Act, as amended by the EB-5 Reform and Integrity Act of 2022.

In practice, the requirements fall into five groups:

• Investment: USD 800,000 in a Targeted Employment Area (TEA) or an infrastructure project, or USD 1,050,000 elsewhere.
• Risk: the capital must be at risk for the purpose of generating a return; no return of capital is promised.
• Jobs: at least ten full-time positions for qualifying US workers, not counting the investor, the spouse or the children.
• Source of funds: evidence that the money was earned or received lawfully, and of the path it took to the investment.
• Admissibility: background and security checks and a standard US immigrant medical examination for each family member.

There is no language, education or management-experience requirement for the investor. The full legal reference, from eligibility to the green card, is on our EB-5 Immigrant Investor Program page, which we recommend you read alongside this guide.

How much does the EB-5 visa cost for a Latin American investor?

The minimum investment is USD 800,000 in a TEA or infrastructure project, or USD 1,050,000 for any other qualifying project, as USCIS states for petitions filed on or after 15 March 2022 (source: USCIS, About the EB-5 Visa Classification). One investment covers the investor, the spouse and unmarried children under 21. The amount is measured in US dollars, so the value of your local currency on the day you transfer the funds matters to your planning.

The law adjusts the minimum investment amounts for inflation for petitions filed on or after 1 January 2027. At our last check the new amounts had not yet been published, so we confirm the amount in force on your filing date.

Government fees come on top of the investment, and the main EB-5 fees change on 30 November 2026 under the EB-5 fee final rule, 91 FR 61940 (Federal Register). Filings postmarked or submitted up to and including 29 November 2026 pay the current fees from USCIS Form G-1055, edition dated 7 October 2026 (USCIS Fee Schedule G-1055).

The fee change matters to your budget, but it should never push you to file before your source-of-funds evidence and your due diligence are complete. Attorney fees, any regional-centre administrative fee and personal costs such as translations and medical examinations vary by case. Our full EB-5 cost breakdown for 2026 sets out every cost line, including Form I-485 for applicants in the United States.

How long does the EB-5 process take?

There is no fixed EB-5 timeline, and we do not quote one. USCIS publishes its own processing times, which change regularly, and visa availability changes every month. What we can explain precisely is what drives the timing in your case.

1. Preparation: choosing a route, independent legal and financial due diligence, and assembling source-of-funds evidence.
2. The petition: your attorney files Form I-526E or I-526 with USCIS. Since 30 March 2026, USCIS has generally assigned these petitions in filing order, first in, first out (source: USCIS, EB-5 Questions and Answers).
3. Visa availability: a visa number must be available for your category and your country of chargeability, as shown in the monthly Visa Bulletin. This is explained in the next section.
4. The green card stage: either adjustment of status in the United States on Form I-485, or consular processing abroad with an immigrant visa interview at a US embassy or consulate.
5. Conditional residence: if approved, you and your family receive a two-year conditional green card.
6. Removal of conditions: you file Form I-829 in the 90 days before the second anniversary of your conditional residence, and USCIS acts on it after reviewing that the investment was sustained, the capital was at risk and the jobs were created. The I-829 stage takes further time.

After five years of permanent residence, with the conditional years counting, you may apply for US citizenship if you meet the naturalisation requirements. A reliable estimate for your family can only be given on the day we review the current official figures with you.

Does my country have an EB-5 backlog?

Whether you wait for a visa number depends on your country of chargeability, your category and the current Visa Bulletin, not on your passport alone. US law sets limits on the share of immigrant visas that can go to applicants from any one country. USCIS explains that these limits are based on an immigrant's country of chargeability, which is usually the country of birth (source: USCIS, Visa Availability and Priority Dates).

What is the country of chargeability?

The country of chargeability is the country against whose limit your visa is counted, and it is usually your country of birth. This matters in Latin America, where many families hold more than one nationality or were born in a different country from the one they live in. A Brazilian with Italian citizenship, or a Colombian resident born in Venezuela, is generally counted by country of birth, not by the passport used or the country of residence. Your attorney confirms your chargeability, and that of your spouse and children, before you file.

How do I read the Visa Bulletin?

The US Department of State Visa Bulletin is published every month. For EB-5 it lists the unreserved category and the reserved categories for rural, high-unemployment and infrastructure investments separately, and it shows two charts:

• Final Action Dates: when an immigrant visa can be issued or a green card application (Form I-485) can be approved.
• Dates for Filing: the earliest date applicants may submit their documents. Each month USCIS states which of the two charts Form I-485 filers must use; in October 2026 it directs employment-based filers to this chart.

Historically, applicants born in mainland China, India and Vietnam have faced multi-year waits in the unreserved category. For every other country, including the countries of Latin America, the only reliable answer is the bulletin of the month in which you file and the month in which your case reaches the green card stage. We do not publish dates in this article, because they change monthly; we read the current bulletin on the day we advise you.

The reserved categories matter here as well. Since the EB-5 Reform and Integrity Act of 2022, 20 percent of annual EB-5 visas are reserved for rural investments, 10 percent for high-unemployment areas and 2 percent for infrastructure projects. These sit outside the unreserved pool, so the choice of project category can affect visa availability as well as the investment amount.

Can I live in the United States while my EB-5 case is processed?

You may be able to, but only if you are already in the United States in a lawful status and a visa would be immediately available to you. In that case, US law allows you to file Form I-485, the application to adjust status, together with your Form I-526 or I-526E (INA section 245(n)), as USCIS confirms on its EB-5 Immigrant Investor Process page. While the I-485 is pending, you and your derivative family members may apply for an Employment Authorization Document on Form I-765 and for advance parole on Form I-131, and you can generally remain in the United States during processing.

Two points matter:

• Work authorisation is not automatic. It starts only once the Employment Authorization Document is approved, for the investor and for the spouse alike.
• Concurrent filing depends on visa availability. If a visa number is not immediately available for your category and country of chargeability, the I-485 cannot be filed with the petition.

If you live in Latin America, the usual path is consular processing. After USCIS approves the petition and a visa number is available, you file Form DS-260 with the US Department of State and attend an immigrant visa interview at a US embassy or consulate. Your family can continue to live, work and study at home during this time, and you travel to the United States as conditional permanent residents once the immigrant visas are issued. Your attorney advises which route fits your current status and travel plans.

What source-of-funds documents does EB-5 require?

You must document both the lawful source of the capital and the path it took from its origin to the US investment. Source-of-funds evidence is a central part of every EB-5 petition, and for many Latin American families it is the part that needs the most preparation. Typical evidence includes:

• Tax returns filed with your home-country tax authority, and in some cases with other countries where you earned income;
• Bank records showing how the funds accumulated and how they moved;
• Business records, such as company accounts, dividend records or proof of salary, if the money comes from a business you own or work for;
• Sale documents, if the funds come from the sale of a property, shares or a company;
• Inheritance or gift documents, including evidence of how the person who gave the funds obtained them;
• Loan documents, if part of the investment is borrowed, together with evidence of the collateral.

The path of funds deserves particular care. If your money moves through currency conversion, several accounts, family members or more than one country before it reaches the United States, each step is part of the trail to document. Documents issued in Spanish or Portuguese must be prepared for a US filing, and your attorney confirms the translation and certification requirements case by case. Starting early is the most practical way to avoid delays.

If you would like an honest first view of how your own source-of-funds evidence looks, book a free consultation with our team: we review the structure of your funds with you before you commit to any route.

Direct investment or regional centre: what is the difference?

The minimum investment is the same on both routes: USD 800,000 in a TEA or infrastructure project, USD 1,050,000 elsewhere. The routes differ in how you invest, how jobs are counted and which fees apply.

Standalone (direct) investment, Form I-526

You establish or invest in a new commercial enterprise and are involved in it. Only the direct, full-time employees of that enterprise count towards the ten jobs. No integrity fee applies, and the standalone route is not tied to the regional-centre programme authorisation.

Regional-centre investment, Form I-526E

You invest through a new commercial enterprise associated with a USCIS-designated regional centre, which files Form I-956F for each project. Direct, indirect and induced jobs may count, within the limits set by the law. The integrity fee applies to an initial I-526E, and any administrative fee is set in the regional centre's offering documents, which also set the investment structure, the exit terms and the risks. The regional-centre programme is authorised by statute through 30 September 2027 (8 USC 1153(b)(5)(E)), and your attorney explains how the statutory rules apply to your filing date.

Mirabello Consultancy does not name, rate, sell or recommend any regional centre, project or offering, and is not a broker-dealer. Your independent legal and financial advisers should review the offering documents before you invest.

Can my family come with me, and what happens after the green card?

Yes. Your spouse and unmarried children under 21 are included as derivative beneficiaries of your petition, and, if approved, each receives a conditional green card and later a 10-year green card once the conditions are removed. Some government fees are paid per person. The Child Status Protection Act may protect some children who turn 21 during processing; your attorney checks how it applies to your children's dates of birth.

As a permanent resident, you may work for any employer, run your own business or be self-employed. Green-card holders are US tax residents, and the IRS states that their worldwide income is subject to US tax (IRS, Taxation of US residents), so plan your tax position with a qualified adviser in both countries before you move. The United States must also remain your permanent home: USCIS explains that long absences can disrupt continuous residence or put the green card at risk (USCIS, International Travel as a Permanent Resident).

After five years of permanent residence you may apply for US citizenship. US law does not prohibit dual nationality; whether you keep your Mexican, Colombian, Brazilian or other nationality is governed by your home country's law, which differs from country to country and in some countries removes the original nationality automatically on naturalisation abroad, so confirm your own case with your country's authorities before you apply.

Is EB-5 the right US route for me?

EB-5 suits families who want US permanent residence without an employer sponsor or a treaty nationality, who can place USD 800,000 or more at risk, and who accept US worldwide taxation. It is not the only route. Nationals of E-2 treaty countries can use the E-2 Treaty Investor visa, a temporary visa with no green card of its own; our E-2 treaty countries guide shows which nationalities qualify, and Brazilians with an Italian or Portuguese passport can read our E-2 guide for Brazilian dual nationals. Our EB-5 versus E-2 comparison sets the two side by side.

Professionals and founders with an outstanding record may qualify for a green card without an investment through the EB-1A or the EB-2 National Interest Waiver. Our USA immigration hub compares every route, and if your goal is residence rather than the United States in particular, our golden visa comparison covers programmes in other countries.