Residency By Investment In The USA (EB-5)

The EB-5 Immigrant Investor Programme requires a minimum investment of USD 800,000 in a Targeted Employment Area (TEA) or USD 1,050,000 for non-TEA investments. These thresholds are current for 2026 and are subject to an inflation adjustment effective 1 January 2027.

The investment amounts break down as follows:

• TEA investment (USD 800,000): Investments in rural areas or regions with unemployment at least 150% of the national average. This is the most popular route, accounting for the vast majority of EB-5 applications
• Standard investment (USD 1,050,000): For investments outside of designated TEA zones

Additional costs to budget for include:

• USCIS filing fees: Approximately USD 3,675 for the I-526E petition, plus biometric fees
• Legal fees: USD 15,000-25,000 for experienced EB-5 immigration counsel
• Regional centre administrative fees: USD 50,000-75,000, depending on the project
• Due diligence and source of funds documentation

Mirabello Consultancy strongly recommends locking in the current 2026 pricing before the January 2027 inflation adjustment takes effect, as the minimum thresholds are expected to increase.

The EB-5 visa processing time currently ranges from 8 to 30+ months, depending on your country of nationality, the type of investment (direct vs. regional centre), and whether you qualify for priority processing through a rural TEA project.

The typical timeline includes:

• I-526E petition filing and approval: 8-24 months for USCIS adjudication. Rural set-aside projects may benefit from faster processing
• Visa availability: For most countries, visas are available immediately upon I-526E approval. However, significant backlogs exist for applicants from China (9-10 years) and India (5-6 years)
• Consular processing or adjustment of status: 2-6 months once a visa is available
• Conditional Green Card: Valid for 2 years from issuance
• I-829 petition (conditions removal): Filed before the conditional period expires, with processing taking 12-24 months

Key factors that can expedite the process:

• Rural set-aside projects: These receive dedicated visa allocations and priority processing, making them the fastest EB-5 pathway in 2026
• Concurrent filing: Applicants already in the US on a valid visa may file I-526E and adjustment of status simultaneously

Mirabello Consultancy helps clients select projects strategically to minimise processing times and avoid backlog-affected categories where possible.

Rural Targeted Employment Area (TEA) projects offer the fastest and most advantageous pathway within the EB-5 programme in 2026. The EB-5 Reform and Integrity Act of 2022 created dedicated visa set-asides for rural investors, significantly reducing wait times compared to other project categories.

Key advantages of rural TEA investments include:

• Reserved visa allocation: 20% of annual EB-5 visas are set aside exclusively for rural investors, substantially reducing or eliminating visa backlogs
• Priority processing: USCIS prioritises rural TEA petitions, leading to faster I-526E adjudication times
• Lower investment threshold: The minimum investment is USD 800,000, the same as other TEA categories
• No per-country backlog impact: The rural set-aside operates separately from country-based visa quotas, meaning Chinese and Indian nationals can avoid multi-year backlogs
• Concurrent filing eligibility: Applicants in the US can file for adjustment of status alongside their I-526E petition

Rural TEA projects span sectors including hospitality, healthcare, manufacturing, and infrastructure development in designated rural communities across the United States. Mirabello Consultancy conducts thorough due diligence on all recommended EB-5 projects, evaluating job creation compliance, financial viability, and developer track record to safeguard your investment and immigration objectives.

The EB-5 programme is subject to per-country visa limits, which create significant backlogs for applicants from high-demand nations. In 2026, the most affected countries are China (approximately 9-10 years) and India (approximately 5-6 years).

Current backlog estimates by country:

• China (mainland): 9-10 year wait after I-526E approval for a visa number to become available. This is the longest backlog in the programme
• India: 5-6 year estimated wait, growing as Indian EB-5 filings increase
• Vietnam: Shorter but emerging backlog, typically 1-2 years
• All other countries: Generally current, meaning visas are available immediately or within months of I-526E approval

Strategies to mitigate backlogs:

• Rural set-aside visas: The 20% rural allocation operates independently of per-country limits, offering a faster route for Chinese and Indian nationals
• High-unemployment TEA set-aside: An additional 10% of visas are reserved for high-unemployment area investments
• Infrastructure set-aside: 2% of visas are reserved for qualifying infrastructure projects

It is critical for applicants from backlogged countries to plan strategically. Mirabello Consultancy advises these clients to consider rural TEA projects and to file as early as possible to establish their priority date, as backlogs are projected to lengthen.

Yes, the EB-5 programme provides permanent resident status (Green Cards) for the main applicant, their spouse, and all unmarried children under 21 years of age. All family members receive conditional Green Cards simultaneously, with no additional investment required for dependants.

Key details regarding family inclusion:

• Spouse: Receives a conditional Green Card with full rights to live and work anywhere in the United States
• Unmarried children under 21: Included as derivative beneficiaries. It is critical to monitor children's ages during the process, as they may 'age out' if they turn 21 before the visa is issued (the Child Status Protection Act provides some relief)
• No additional investment: The single qualifying investment covers the entire family's immigration status

Rights granted to all Green Card holders include:

• Unrestricted right to live and work anywhere in the United States
• Access to US public education, including in-state university tuition eligibility after meeting residency requirements
• Ability to travel freely in and out of the country
• Pathway to US citizenship after five years of permanent residency
• Access to Social Security and Medicare benefits upon eligibility

Mirabello Consultancy coordinates the immigration filings for the entire family to ensure all dependants are properly included and protected throughout the process.

The EB-5 programme requires your investment to remain "at risk" for the duration of the conditional residency period, which is a minimum of two years. After the conditions on your Green Card are removed (through the I-829 petition), your capital can be returned, subject to the terms of your specific investment.

Key points regarding capital return:

• At-risk requirement: Your investment must genuinely be at risk of loss during the conditional period. Guaranteed returns or capital preservation arrangements can jeopardise your immigration application
• Regional centre projects: Most regional centre investments are structured as limited partnerships or LLC membership interests with a defined investment term, typically 5-7 years. Capital is returned upon project completion and repayment
• Direct investments: If you invest directly in a new commercial enterprise, the return of capital depends on the business's performance and your exit strategy
• No guaranteed return: As with any investment, there is inherent risk. The return of your capital is not guaranteed by USCIS or the US government

Due diligence on the investment vehicle is therefore critical. Mirabello Consultancy evaluates all recommended EB-5 projects for financial strength, developer track record, loan-to-value ratios, job creation compliance, and exit strategy viability. Protecting both your immigration status and your capital is our priority.

Every EB-5 investment must create or preserve a minimum of 10 full-time jobs for qualifying US workers. This job creation requirement is fundamental to the programme and is assessed during both the initial I-526E petition and the subsequent I-829 conditions removal petition.

How job creation works:

• Regional centre investments: Jobs can be counted using both direct and indirect/induced methodologies. An economic impact study demonstrates that the project's overall economic activity generates the required employment. This is the most flexible approach and accounts for the majority of EB-5 filings
• Direct investments: All 10 jobs must be direct, full-time positions at the investor's commercial enterprise. Employees must be W-2 workers employed for at least 35 hours per week

Important requirements:

• Qualifying workers: Jobs must be filled by US citizens, permanent residents, or other individuals authorised to work in the US. The investor and their family members do not count
• Full-time positions: Each job must provide at least 35 hours of work per week
• Job creation timeline: Jobs must be created within a reasonable period, typically within 2.5 years of the investor's admission to the US

The job creation requirement is the cornerstone of EB-5 compliance, and any shortfall can result in denial of the I-829 petition and loss of permanent residency. Mirabello Consultancy rigorously evaluates project job creation forecasts before recommending any EB-5 investment.

Demonstrating the lawful source of your EB-5 investment capital is one of the most critical and scrutinised aspects of the application. USCIS requires comprehensive documentation tracing the origin and path of all funds used for the investment.

Acceptable sources of funds include:

• Business income and profits: Financial statements, tax returns, profit and loss accounts, and audited records from your business activities
• Employment income: Salary slips, employment contracts, and tax filings demonstrating accumulated savings
• Sale of assets: Property sale contracts, share disposal agreements, and proof of proceeds received
• Inheritance or gifts: Probate documents, will excerpts, gift deeds, and evidence of the donor's lawful source
• Investments and dividends: Brokerage statements, dividend receipts, and investment account records
• Loans: Secured loans against the applicant's own assets may qualify, provided the underlying collateral is lawfully sourced

USCIS expects a complete paper trail from the original source of wealth through to the EB-5 escrow account. Any unexplained gaps or inconsistencies can result in a Request for Evidence (RFE) or outright denial. Documentation requirements are particularly rigorous for applicants from countries with less transparent financial systems. Mirabello Consultancy works with specialist EB-5 attorneys to prepare a watertight source of funds narrative supported by comprehensive evidentiary documentation.

Yes, the EB-5 minimum investment thresholds are subject to an inflation adjustment scheduled for 1 January 2027, as mandated by the EB-5 Reform and Integrity Act of 2022. The exact increase will be determined by changes in the Consumer Price Index, but the amounts are expected to rise from their current levels.

Current vs. expected thresholds:

• TEA investment (current): USD 800,000 — expected to increase in January 2027
• Standard investment (current): USD 1,050,000 — expected to increase in January 2027

What this means for prospective investors:

• Lock in current pricing: Filing your I-526E petition before 1 January 2027 secures the current investment threshold, even if your case is processed after the increase takes effect
• Priority date protection: Your priority date is established on the date USCIS receives your petition, locking in both the investment amount and your place in the visa queue
• Strategic timing: If you are considering an EB-5 investment, filing in 2026 provides a financial advantage that could amount to tens of thousands of dollars in savings

The 2022 reform introduced automatic biennial inflation adjustments, meaning future increases will occur on a regular cycle. Mirabello Consultancy recommends that serious EB-5 candidates begin the preparation process now to ensure their petition is filed before the 2027 adjustment.

The EB-5 programme offers two distinct investment structures: regional centre investments (the most common route) and direct investments. The primary difference lies in how job creation is counted and the level of investor involvement required.

Regional Centre Investment:

• Invest through a USCIS-designated regional centre into a specific project (e.g., real estate development, infrastructure, hospitality)
• Jobs can be counted using direct, indirect, and induced economic impact methodologies, making it easier to demonstrate the required 10 jobs per investor
• Typically a passive investment with professional management
• Most popular route, accounting for approximately 90% of EB-5 filings
• Subject to integrity fund fees under the 2022 reform

Direct Investment:

• Invest directly into a new commercial enterprise that you own and manage
• All 10 jobs must be direct, full-time W-2 employees — indirect job creation does not count
• Requires active day-to-day involvement in the management of the business
• Greater control over your investment but higher operational complexity
• Less common, typically chosen by entrepreneurs who wish to run a US business

For most investors, the regional centre route offers a more straightforward and lower-risk immigration pathway. Mirabello Consultancy evaluates both options with each client based on their investment goals, risk tolerance, and desired level of involvement.