EB-5 Explained: The $800K Threshold, the Process, and Concurrent Filing for Students

JYEdu · Study & Status Planning | Policy explainer only — not legal or investment advice, and not an offer of any investment project.

What EB-5 is

EB-5 is the fifth employment-based immigrant category: foreign investors who invest in a new U.S. commercial enterprise and create jobs can obtain a green card, together with their spouse and unmarried children under 21. Investors either invest directly in a business they help run, or through a USCIS-approved regional center, where jobs created indirectly also count — the route most investors take.

Investment amounts

• $800,000 for a project in a targeted employment area (rural or high-unemployment) or an infrastructure project.
• $1,050,000 for any other project.
• Under the EB-5 Reform and Integrity Act of 2022, these amounts adjust for inflation from January 1, 2027, and every five years after that; final figures come from USCIS.
• Each investor must create at least 10 full-time jobs (indirectly, for regional-center projects).

Reserved visas

The law reserves EB-5 visas for rural projects (20%), high-unemployment-area projects (10%) and infrastructure projects (2%). For backlogged countries such as mainland China, reserved and unreserved categories often have different waiting times — check the State Department's current Visa Bulletin before filing.

The process (regional-center route)

1. Choose a project, invest, and document the lawful source of funds — how the money was earned and how it moved is a central part of the review.
2. File Form I-526E (direct investors file I-526).
3. Once approved and a visa is available, apply for an immigrant visa abroad or file Form I-485 in the U.S.
4. Receive a two-year conditional green card.
5. Before it expires, file Form I-829 showing the investment was sustained and the jobs created, then receive the permanent green card.

For students: concurrent I-485 filing

Students already in the U.S. in lawful status (such as F-1) may file I-485 together with I-526E if a visa would be immediately available on approval. While pending, applicants can usually request work authorization (EAD) and advance parole — reducing reliance on a single employer's work visa. Whether this works depends on the visa queue for the applicant's country of birth, so it needs a case-by-case check.

Risks to take seriously

• Capital must be at risk. Treat any promise of a fixed return or guaranteed repayment with great caution.
• Project risk. A project that stalls or creates too few jobs can jeopardize I-829.
• Policy risk. The regional center program is currently authorized through September 30, 2027; renewal depends on Congress.
• Time. Reaching a permanent green card usually takes years; see USCIS processing times.

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JYEdu helps students and families plan study, career and status timelines. For legal questions, consult a licensed U.S. immigration attorney; for investment decisions, a qualified financial adviser.

Sources: USCIS EB-5 pages and the EB-5 Reform and Integrity Act of 2022. Current as of October 2026.