Who this is for: Applicants born in mainland China and their families who can invest at least $800,000 of lawfully obtained funds and are considering a U.S. green card through investment (whether in China or already in the U.S. on F-1, H-1B and so on). For green cards through work or achievement, see Employment-based green cards.
⚠️ The second half of 2026 is an eventful time for EB-5: the grandfathering filing deadline (2026-09-30) has passed; I-526E and other fees rise sharply from 2026-11-30; minimum investment amounts adjust for inflation from 2027-01-01; and the regional center program's authorization expires 2027-09-30. All fees, amounts and dates here were checked against official pages on 2026-10-14. This is not legal or investment advice.
1. What EB-5 is
You invest the required amount in a U.S. "new commercial enterprise" (NCE) and create (or preserve) at least 10 full-time jobs (at least 35 hours a week) for qualifying U.S. workers; the investor, spouse and unmarried children under 21 can get green cards. You first receive a 2-year conditional green card, then file the I-829 to convert to a permanent one. There are no education, language or management experience requirements, but review of the lawful source of funds is very strict.
Two ways:
| Regional center (Form I-526E) | Direct investment (Form I-526) | |
|---|---|---|
| How you invest | Together with other investors in a project under a regional center | Set up or invest in your own business |
| Counting jobs | Up to 90% can be "indirect" jobs (estimated by economic models) | Only jobs directly employed by the business |
| Your role | Usually a limited partner, passive | Must take part in management |
| Authorization | ⚠️ Authorized by Congress through 2027-09-30 | Permanent law, unaffected by the authorization deadline |
| Fits | Most Chinese investors | People who want to run their own business in the U.S. |
2. Investment amounts and TEAs (targeted employment areas)
Current minimum investment (filed on or after 2022-03-15):
| Type | Minimum |
|---|---|
| General projects | $1,050,000 |
| TEA projects (rural or high unemployment), infrastructure projects | $800,000 |
⚠️ Increase from 2027-01-01: the law requires the amounts to be adjusted by CPI-U every 5 years, with the first adjustment applying to petitions filed on or after 2027-01-01, judged by the "filing date," not the "funding date." As of 2026-10-14 we have not seen official new amounts on the USCIS website; industry estimates based on current inflation data put TEA at around $900,000 and general projects at about $1.2–1.25 million, but these are third-party estimates only; follow what USCIS publishes in the Federal Register.
How TEAs are defined:
- Rural: outside a metropolitan statistical area (MSA) and outside any city or town of 20,000 or more people.
- High unemployment: the census tract(s) where the business primarily operates (possibly with adjacent tracts) has a weighted average unemployment rate of at least 150% of the national average.
- Infrastructure projects: public works projects where a government entity is the borrower (essentially no applications currently).
What counts as "capital": cash and assets at fair market value, which the investor must lawfully own. Not counted: unlawfully obtained funds; debt arrangements between you and the new commercial enterprise; guaranteed returns; and contractual redemption rights for the investor (only the enterprise may optionally repurchase). Loans secured by your own assets can count under certain conditions.
How long the investment must be sustained: investors filing after the 2022 Reform and Integrity Act (RIA) must keep the funds invested and at risk for at least 2 years after full investment, and meet the job requirements.
3. Set-asides: why Chinese investors choose rural projects
The RIA reserves 32% of the roughly 10,000 annual EB-5 visas (7.1% of employment-based numbers):
| Category | Reserved share |
|---|---|
| Rural | 20% |
| High unemployment | 10% |
| Infrastructure | 2% |
| Unreserved | 68% |
Unused set-aside numbers carry over in the same category for one year and are released to the unreserved category in the third year. USCIS also prioritizes rural I-526E petitions (as the law requires) and assigns cases first-in, first-out with rural first.
Mainland China-born dates (October 2026 Visa Bulletin)
| EB-5 category | Chart A Final Action Date | Chart B Date for Filing |
|---|---|---|
| Unreserved (including C5, T5, I5, R5) | 2016-12-01 | 2021-03-01 |
| Rural (20%) | C (current) | C |
| High unemployment (10%) | C | C |
| Infrastructure (2%) | C | C |
- USCIS says employment categories (including EB-5) use Chart B for I-485s in October 2026. The set-asides are current, so investors in the U.S. with lawful status can file the I-526E and I-485 together (concurrent filing) and apply for a work permit and advance parole.
- ⚠️ The November bulletin had not been published as of 2026-10-14.
- How big the backlog is: USCIS data show about 9,549 mainland China-born principal investors with approved I-526s waiting for "unreserved" numbers as of June 2026 (excluding family members). Investors under the old law still face many years of waiting.
- Will the set-asides develop waits? The government hasn't predicted. But in the first three quarters of FY2026, mainland China-born investors filed about 1,157 rural, 511 high-unemployment and 139 rural + high-unemployment I-526Es; demand is concentrated, and the industry generally thinks the risk of future waits is rising. "Current now" doesn't mean "current after you file."
4. Process overview and timeline
Flow: Choose a project (the regional center has filed or obtained approval of the project's I-956F) → organize the source of funds and the path for moving money out of China → funds into the project or escrow → file the I-526E → investors in the U.S. with lawful status can file the I-485, work permit and advance parole at the same time; investors in China, after I-526E approval → NVC → DS-260 → Guangzhou interview → 2-year conditional green card → file the I-829 in the 90 days before it expires → 10-year green card
| Stage | Rough time (applicant reports, not official promises) |
|---|---|
| Choosing a project + preparing source of funds | 3–6 months (longer for complex fund paths) |
| I-526E (rural) | Forum and project disclosures mostly 5–12 months, some longer |
| I-526E (high unemployment) | Generally slower than rural, one to three years |
| Guangzhou interview | ⚠️ The State Department scheduling tool (2026-10-07) shows Guangzhou scheduling employment cases that became documentarily qualified in August 2023, a long wait |
| Conditional green card → I-829 | 2 years of status + I-829 processing time |
5. Each step: forms and fees
⚠️ The new EB-5 fee rule takes effect 2026-11-30 (final rule in the Federal Register, 2026-09-30), and petitions postmarked on or after 11-30 must pay the new fees.
| Form | Before 2026-11-29 (current G-1055) | From 2026-11-30 |
|---|---|---|
| I-526E (regional center investor) | $3,675 | $7,850 (including a $75 technology fee); amendments $7,775 |
| EB-5 Integrity Fund fee (paid separately with the first I-526E) | $1,000 | $1,100 |
| I-526 (direct) | $3,675 | $7,615 (including a $75 technology fee) |
| I-829 (removing conditions) | $3,750 | $5,000 |
| I-485 | $1,440 paper / $1,390 online | Not part of this rule; per G-1055 |
| I-765 work permit (I-485 pending) | $260 | Same |
| I-131 advance parole (I-485 pending) | $630 paper / $580 online | Same |
| USCIS Immigrant Fee (consular, before entry) | $235 | Same |
- The current I-526E edition is 01/20/25. When filing with the I-485, I-765 and I-131, pay each form separately; combined payments are rejected.
- Regional centers also pay an annual Integrity Fund fee (under the new rule $11,000 for 20 or fewer investors, $22,000 for more than 20); the regional center pays it, but it's usually reflected in the project's administrative fee.
- Filing before 2026-11-30 saves about $4,000 in filing fees, but rushing an incomplete petition is riskier (see "denial without RFE" below).
Main I-526E documents: project documents (I-956F receipt or approval, business plan, economic report, subscription agreement, limited partnership agreement), proof of the investment transfer, source-of-funds evidence (salary, business income, property sales, gifts, loans and so on, each traceable step by step), identity documents, and Chinese notarial birth certificates and similar. Chinese document notarization and translation requirements: Preparing Chinese documents.
I-829: file in the 90 days before the conditional green card expires, showing the investment was sustained and the jobs were created.
6. What Chinese investors should know
- Move money out of China legally. China regulates individual foreign exchange purchases and outbound funds (such as the annual facilitation quota); follow the State Administration of Foreign Exchange's rules. USCIS reviews "where the money came from and how it got out"; don't use underground money changers or split funds among strangers. Being unable to show a lawful path is a common reason for denial.
- Trace funds to their origin. For example, investing proceeds from selling a home may require not only the sale contract and receipt of funds but also where the money to buy that home came from. Gifts from family require proof of the giver's lawful source of funds.
- Chargeability follows place of birth. If your spouse was born outside mainland China, consider using your spouse's country (cross-chargeability); have a lawyer assess it.
- The interview is in Guangzhou. Investors in China go through consular processing; see Consular processing step by step and The Guangzhou interview.
- Stricter background checks. A law firm article from May 2026 said investors who had worked for certain Chinese tech companies or related institutions were receiving more NOIDs and denials. We haven't found an official statement on this; for reference only, and consult a lawyer early if it applies to you.
7. Risks: project failure, fraud and policy changes
EB-5 is a real, at-risk investment, not "buying a green card." You can lose the money and still not get a green card.
1. Project failure
- If a project stalls or doesn't create enough jobs, the I-829 may be denied and the conditional green card ends.
- Investors after the RIA have some protection: if a regional center is terminated or a project disqualified, good-faith investors can amend the I-526E to invest in another qualifying project or show they still qualify, preserving eligibility (INA 203(b)(5)(M)), but the conditions and deadlines are strict.
- Repayment is uncertain: the law forbids guaranteed returns and agreed redemption, so claims like "principal guaranteed back after 5 years" are themselves a problem.
2. Fraud (real cases)
- SEC v. Richard Xia: two projects in Queens, New York raised $229 million from more than 450 EB-5 investors; the SEC alleged misrepresentations about funding sources, the developer's experience and related-party transactions, and misuse of funds. In 2024 a court ordered disgorgement of $228.5 million plus interest.
- A joint SEC/USCIS investor alert lists warning signs: promises of a visa or green card, guaranteed returns or claims of no risk, unregistered investments, sales by people without securities licenses, and the same people controlling multiple layers of companies (related-party transactions). It also reminds that a regional center's USCIS designation doesn't mean the government endorses the investment's quality.
Self-check list:
- Is the regional center on USCIS's list of approved regional centers (567 as of May 2026), and has the project filed or obtained an I-956F?
- Is there independent escrow, are the uses of funds spelled out, and what are the developer's track record and own equity?
- Your lawyer should represent only you; don't use the project's designated "free lawyer."
- Beware a regional center or its affiliates "lending you money to make up the investment": in 2025 the industry reported several I-526Es denied outright for this (treated as circular funds); ask an independent lawyer first.
- If something seems suspicious, you can report EB-5 fraud to USCIS and securities fraud to the SEC.
3. Policy and timing risks
- The grandfathering date has passed: the law says regional center petitions filed on or before 2026-09-30 must continue to be processed even if the program authorization lapses, and visas can't be denied or stopped for that reason. Petitions filed after that don't have this protection; if Congress doesn't renew the program before 2027-09-30, pending petitions may be stuck.
- Since 2026-08-05 USCIS can deny without an RFE when required initial evidence is missing or evidence doesn't establish eligibility. Source-of-funds documents must be complete the first time.
- A proposed rule implementing the EB-5 Reform and Integrity Act was published on 2026-07-02 (on integrity, automatic revocation after fraud and so on); comments ended 2026-08-31, it isn't final, and the final rule governs.
- Approval rates are falling: quarterly USCIS data compiled by Chinese-language immigration news show the I-526E quarterly approval rate falling from about 80% to about 76% in FY2026, with more than 11,000 pending (third-party compilation, not an official calculation).
8. Interviews
- I-485 interview (in the U.S.): often waived but you may be called to a field office. Common topics: when and how much you invested, source of funds, the project basics, entries and exits and maintenance of status, and the I-485 yes/no questions.
- Guangzhou interview: review of the DS-260, source of funds, the project, family relationships; explaining the source of funds clearly is key.
- I-829 stage: there may be an interview to check that the investment was sustained and jobs were created.
- Chinese applicants: the I-485/DS-260 ask whether you've been a member of the Communist Party or another totalitarian party; answer truthfully. There are exceptions; consult a lawyer.
9. What applicants report (since 2025, individual experiences, not guarantees)
- Rural projects really are faster. In timelines disclosed by projects and investors, many rural I-526Es took 7–8 months from filing to approval, often with one RFE.
- Concurrent filing has real benefits. Investors in the U.S. with lawful status got work permits and advance parole within months of concurrent filing and no longer depended on the H-1B lottery. But if the I-526E is denied, the I-485 is denied with it.
- RFEs focus on source of funds. Common gaps: incomplete transfer records between family members, or an unclear source for a home sold years ago.
- Batch RFEs: in September 2026 an investor on Reddit reported a batch of medical-exam-related RFEs, and cases started moving only after responding.
- Don't just trust "no wait" ads. Forums repeatedly warn that marketing stresses "no wait, green card in two years" but not investment or policy risks.
10. FAQ
1. 2026-09-30 has passed. Can I still file for EB-5? Yes. The regional center program is authorized through 2027-09-30 and accepts petitions as usual; petitions filed after that date just don't have the statutory "keep processing if authorization lapses" protection. Direct investment (I-526) isn't affected.
2. How much will I need to invest after 2027? Petitions filed on or after 2027-01-01 use the inflation-adjusted amounts, which USCIS had not officially published as of 2026-10-14; follow the Federal Register.
3. Can I borrow the money? Loans secured by assets in your own name (such as property) can count as your capital under certain conditions; debt arrangements with the new commercial enterprise don't count, and loans from regional center affiliates are high risk.
4. Can I use money gifted by family? Yes, but you must show the gift is real, the giver's funds are lawful, and there's a complete transfer record.
5. My child is almost 21. What should I do? CSPA may protect a child's age; USCIS changed how it's calculated in August 2025, so have a lawyer calculate it, and filing earlier helps.
6. Can I not live in the U.S. after getting a conditional green card? Green card holders must keep the U.S. as their permanent residence; long absences may be treated as abandoning status; see After you get your green card.
7. A project says "full refund if the I-526E is denied." Is that reliable? It depends on the contract wording, where the funds are escrowed and who is responsible for the refund. Have an independent lawyer review the subscription agreement.
8. Gold Card vs. EB-5: which is better? The Gold Card requires an unconditional $1 million donation to the Commerce Department ($1 million more per spouse and child), the money isn't returned, the filing fee is $15,000 per person, visas still use EB-1 or EB-2 numbers, and people born in mainland China still wait. EB-5 is an investment, theoretically recoverable, but with project risk. ⚠️ The Gold Card is in litigation.
9. Can the I-526E be premium processed? Not currently through the I-907; rural projects get priority by law.
11. Official links
- EB-5 eligibility (investment amounts, TEAs, set-asides): https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-the-eb-5-visa-classification
- EB-5 questions and answers: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-questions-and-answers
- I-526E: https://www.uscis.gov/i-526e
- Fee schedule G-1055: https://www.uscis.gov/g-1055
- EB-5 fee final rule (effective 2026-11-30): https://www.federalregister.gov/documents/2026/09/30/2026-20016/us-citizenship-and-immigration-services-employment-based-immigrant-visa-fifth-preference-eb-5-fee
- Proposed rule implementing the EB-5 Reform and Integrity Act (2026-07-02): https://www.federalregister.gov/documents/2026/07/02/2026-13392/eb-5-reform-and-integrity-act-of-2022-ensuring-the-integrity-of-the-eb-5-program-automatic
- Approved regional centers: http://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor-regional-centers/approved-eb-5-immigrant-investor-regional-centers
- Visa Bulletin for October 2026: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2027/visa-bulletin-for-october-2026.html
- Which chart this month for the I-485: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
- Reporting EB-5 fraud: https://www.uscis.gov/scams-fraud-and-misconduct/report-fraud/reporting-eb-5-fraud
- SEC/USCIS investor alert: https://www.investor.gov/introduction-investing/general-resources/news-alerts/alerts-bulletins/investor-alerts/investor-51
- SEC v. Xia judgment: https://www.sec.gov/enforcement-litigation/litigation-releases/lr-26067
- USCIS data (I-526/I-526E, approved petitions awaiting visas): https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data
Disclaimer: This guide is based on U.S. government public information and public forum experiences, for reference only, and is not legal, investment or tax advice, nor a recommendation of any project or institution. EB-5 involves large investments and complex source-of-funds review; hire a licensed immigration attorney who represents only you, and do independent due diligence on any project (see Do you need a lawyer). Fees, investment amounts, dates and policies change often; follow the latest official information.