EB-5 in 2026: Investment Amount, TEA, Deadlines, and How It Compares to the Gold Card

In 2026, EB-5 requires an investment of $1,050,000 — or $800,000 if the project is located in a Targeted Employment Area (TEA) or is an infrastructure project. The investment must create at least 10 permanent jobs for US workers. As of October 15, 2026, there is no EB-5 backlog for any country except China and India. EB-5 fees will rise on November 30, 2026, and the first inflation adjustment of the investment amount is expected on January 1, 2027.

In short:

• The EB-5 investment amount in 2026: $1,050,000 in general and $800,000 for TEA and infrastructure projects. These amounts have been in effect since 2022.
• October 2026 Visa Bulletin: all reserved categories (rural, high unemployment, infrastructure) are Current for all countries. The unreserved category is Current for everyone except China and India.
• New USCIS fees take effect November 30, 2026: I-526E — $7,850 (currently $3,675), I-829 — $5,000 (currently $3,750).
• The Regional Center Program is authorized by law through September 30, 2027.
• The Gold Card is not a separate visa but a route through the EB-1/EB-2 categories. According to USCIS data filed in court, as of August 20, 2026, only 3 of 88 I-140G petitions had been approved.

What EB-5 is and how the program works

EB-5 is the employment-based, fifth preference immigrant category. It is a green card for an investor who puts capital into a commercial enterprise in the US that creates jobs. The program is currently governed by the EB-5 Reform and Integrity Act of 2022 (RIA).

The process has three stages:

1. Investor petition. For a regional center investment, Form I-526E is filed; for a direct investment, I-526.
2. A 2-year conditional green card. If you are in the US, you get it through I-485 (adjustment of status). If abroad, through the consulate, NVC, and Form DS-260.
3. Removal of conditions. Form I-829 is filed within the 90 days before the second anniversary of conditional status. By then, you need to show that the investment was sustained and that the jobs were created or will be created.

The investor's spouse and unmarried children under 21 receive green cards along with the investor. No separate investment is required for them. The Gold Card works the opposite way — more on that below.

EB-5 in 2026: investment amount and the 2027 adjustment

From March 15, 2022, through the end of 2026, the EB-5 investment amounts are:

• $1,050,000 — the standard minimum;
• $800,000 — for a project in a Targeted Employment Area (TEA) or an infrastructure project.

By law, the amount is adjusted for inflation (CPI-U) on January 1, 2027, and every 5 years thereafter. As of October 15, 2026, neither USCIS nor any other agency has published the new amount for 2027. Projections circulate online, but they are calculations by private firms, not official data.

The new amount applies based on the petition filing date. If an I-526E is filed before January 1, 2027, the generally accepted view among attorneys is that the amount in effect at filing applies. Money placed in escrow but not yet filed in a petition offers no protection. What matters is the filing date.

Important: on July 2, 2026, DHS published a proposed rule implementing the RIA (FR 2026-13392). It proposes a new $1,400,000 tier for "high employment areas" — prosperous urban areas outside TEAs. This is only a proposal: the comment period closed on August 31, 2026, and there is no final rule as of October 15, 2026. If the rule is adopted, the final text will determine how the new tier applies.

What a TEA is and reserved visas

There are two types of TEA (Targeted Employment Area):

• Rural area — an area outside a metropolitan statistical area (MSA) and outside a city with a population of 20,000 or more.
• High unemployment area — an area where unemployment is at least 150% of the national average.

Since the 2022 reform, TEAs are designated by USCIS itself, not by state authorities.

The law reserves a portion of EB-5 visas for specific project categories. Unused visas carry over to the following year. Allocation per the Visa Bulletin:

Under Dates for Filing, the unreserved category is 01MAR21 for China and 01MAY24 for India. All other cells are Current. For applicants from Uzbekistan, Kazakhstan, Kyrgyzstan, Tajikistan, Russia, Ukraine, and Belarus, this means there is currently no Visa Bulletin backlog in any EB-5 category.

For rural projects, the law additionally requires priority processing of petitions. This does not guarantee timelines, but in practice rural projects are often adjudicated faster.

Important: "Current" in the bulletin is not permanent. The State Department reviews the dates every month. For example, the EB-5 unreserved limit for India for fiscal year 2026 was already exhausted in June 2026.

EB-5 visa: investor and project requirements

The core statutory EB-5 requirements:

• Capital at risk. A guaranteed return is prohibited. The money must genuinely be deployed in the business.
• 10 jobs per investor. In a regional center, indirect jobs calculated using an economic model can be counted. In a direct investment, only the enterprise's own employees count.
• Sustainment period. For post-RIA investments, the prevailing approach is that capital must remain invested for at least 2 years. The July 2026 proposed rule codifies this approach, but the rule is not yet final.
• Lawful source of funds — usually the most labor-intensive part of the case; more on it below.

Regional center or direct investment

The Integrity Fund is a fund created by the 2022 reform for regional center compliance reviews and audits. It is funded by annual regional center fees ($20,000, or $10,000 for small centers; from November 30, 2026 — $22,000 and $11,000) and a fee on each I-526E. This fund is unrelated to the $250 visa integrity fee for nonimmigrant visas.

Program deadlines: September 30, 2026 and September 30, 2027

Under the RIA, the Regional Center Program is authorized through September 30, 2027. If Congress does not reauthorize it, new I-526E petitions cannot be filed after that date. Direct investments (I-526) do not depend on this deadline.

The law also protects already-filed cases (grandfathering): USCIS must adjudicate petitions filed before September 30, 2026, even if the program lapses. That date has already passed. Petitions filed after it have no such protection. If the program is not reauthorized in time, their fate will depend on how Congress resolves the issue.

Example (hypothetical): an investor from Kazakhstan plans to invest $800,000 in a rural regional center project in January 2027. They should account for three factors at once: a possible adjustment of the amount on January 1, 2027, the new fees from November 30, 2026, and the lack of grandfathering protection if the program is not reauthorized after September 30, 2027. These risks should be weighed with an immigration attorney and an independent financial advisor.

New EB-5 fees from November 30, 2026, and Form I-527

On September 30, 2026, USCIS published the final rule on EB-5 fees (FR 2026-20016). It takes effect on November 30, 2026: packages sent on or after that date are subject to the new rates. Until then, the fees that USCIS restored after the court ruling in Moody v. Noem of November 12, 2025, remain in effect.

In addition, a $75 EB-5 technology fee is charged on initial I-526 and I-526E petitions. The Integrity Fund fee for an I-526E is a separate payment.

What I-527 is. It is a new form for investors who filed petitions under the rules in effect before the 2022 reform. It allows them to amend a pending petition and preserve visa eligibility if the regional center has ceased operating or the enterprise has been barred from the program (debarment). Most new investors do not need this form.

This rule does not change the fees for I-485 and related forms. More on current rates in our article on USCIS fees in 2026.

Concurrent filing: I-485 together with I-526E

If you are in the US in lawful status and your EB-5 category is Current in the Visa Bulletin, you can file I-485 concurrently with I-526E (concurrent filing). This option was introduced by the 2022 law. While the petition is pending, you can obtain a work permit (EAD) and travel permission (advance parole).

You can file I-485 only if your priority date is current under the chart USCIS designates for that month. This must be checked on uscis.gov every month. The key condition is eligibility for adjustment of status: lawful entry and no grounds of inadmissibility. Review this in advance, especially if you have had status violations. More in our articles on adjustment of status to a green card inside the US and on the 3/10-year bars for overstay.

If you are abroad, after I-526E approval the case proceeds through NVC and the consulate. In 2026, this was affected by the immigrant visa pause for 75 countries (now lifted) and entry restrictions for a number of countries. Among the countries of the region, immigrant visas are suspended for Turkmenistan.

Source of funds: how to document where the money came from

USCIS checks not only that the amount exists, but the entire path of the money — from a lawful source to the project account. Typical sources of funds:

• salary and business income;
• sale of real estate or a stake in a company;
• dividends;
• a gift from a relative;
• a loan secured by your own property.

Each source requires a documentary chain: contracts, statements, tax returns, transfer confirmations. The 2022 law requires tax returns for the past 7 years. If the money is a gift, the donor must also document the lawful source of funds and show that the gift was made in good faith and not to circumvent currency controls.

Documents in Russian, Uzbek, Kazakh, or Ukrainian must be submitted with a certified English translation. For EB-5 cases, this is often hundreds of pages. Any inaccuracy in amounts, dates, or bank names can trigger an RFE.

Important: your country's currency laws (transfer limits, conversion, mandatory sale of foreign currency) must be taken into account before transferring the money, not after. An error in the transfer chain is hard to fix retroactively.

The "Trump Gold Card": what the Gold Card visa is

The Trump Gold Card was created by presidential Executive Order 14351 of September 19, 2025. Applications opened on December 10, 2025, through trumpcard.gov and USCIS Form I-140G.

The key point: the Gold Card is not a new visa category. Congress did not create it. The order proposes treating an unrestricted gift to the United States as evidence of "exceptional business ability" and national interest. So the applicant goes through the existing EB-1 and EB-2 categories. This means they wait in the same Visa Bulletin lines as everyone else. In October 2026, EB-2 retrogressed to 01JAN25 for most countries, and EB-1 is not Current for China and India.

Cost:

• $15,000 — a non-refundable processing fee;
• $1,000,000 — the individual contribution after vetting;
• $2,000,000 — the corporate option per employee, plus a 1% annual fee and 5% when the card is transferred to another employee.

According to published guidance, the spouse and each child under 21 pay a separate $15,000 and $1,000,000. The announced $5,000,000 "Platinum Card" has not launched as of October 15, 2026: according to attorneys, its tax terms would require legislation.

The real numbers: 3 approvals out of 88 petitions

In American Association of University Professors v. DHS (D.D.C., No. 1:26-cv-00300, Judge Richard J. Leon), the plaintiffs challenge the program's legality. The complaint was filed on February 3, 2026, and in May 2026 the plaintiffs filed an amended complaint. The government moved to dismiss for lack of standing. As of October 15, 2026, there is no ruling on the merits and no injunction; the program is operating.

In this case, USCIS submitted declarations from its officials. According to data as of August 20, 2026, as summarized by EB5Investors.com on October 13, 2026:

• 483 participation inquiries since December 10, 2025;
• 196 inquiries with the fee paid;
• 88 I-140G petitions filed;
• 3 full approvals, 38 conditional approvals, 13 denials, withdrawals, or administrative closures, 34 petitions pending;
• reportedly, nearly all petitions except three received an RFE (about 97%).

The figures are as summarized by the publication and may be updated in new case filings.

Comparison: EB-5, Gold Card, EB-1A, and E-2

If you have notable professional achievements, compare the investment options with EB-1A and EB-2 NIW. Their requirements are covered in our articles EB-1A vs. EB-2 NIW: what's the difference and EB-1A and NIW in 2026: approvals and backlog. The E-2 visa is available, for example, to citizens of Kazakhstan, Kyrgyzstan, and Ukraine, but not to citizens of Russia, Uzbekistan, Tajikistan, and Belarus. The list of countries is in our article on the E-2 visa.

This article is not investment advice. The soundness of a specific EB-5 project should be evaluated with independent attorneys and financial professionals.

What to do now

1. Check the dates. Consult the current Visa Bulletin and the chart USCIS designates for the month of filing. This is especially important for citizens of China and India and those born there.
2. Factor in November 30, 2026. If your I-526E or I-829 package is nearly ready, calculate whether you can send it before the new fees take effect. Rushing should not compromise document quality.
3. Settle the amount question before January 1, 2027. Discuss with an attorney whether it makes sense to file before a possible adjustment and what risks filing without grandfathering protection creates.
4. Start gathering source of funds early. Tax returns for 7 years, documents on asset sales, bank statements, gift agreements. All of it must be translated with a certified translation.
5. Check whether you can file I-485 inside the US. Assess your status history and grounds of inadmissibility before concurrent filing.
6. Evaluate the Gold Card soberly. Factor in the litigation risk, EB-1/EB-2 backlogs, the non-refundable contribution, and the low number of approvals. Discuss it with an immigration attorney before making any payments.

How M&M can help

• Document preparation. We help assemble and prepare the EB-5 package, including source-of-funds documentation, as well as I-485, I-765, and I-131 for concurrent filing. We work with partner licensed attorneys; case strategy is set by the attorney.
• Translation and notary. Certified English translation of bank, tax, and corporate documents and notarization at our office in Brooklyn.
• Alternatives to investment. If you have professional achievements, we will help compare EB-5 with EB-1A, NIW, or O-1. Start with a free assessment or contact us.

Sources

• Federal Register: final rule on EB-5 fees, FR 2026-20016 (09/30/2026)
• U.S. Department of State: Visa Bulletin for October 2026
• Federal Register: proposed rule implementing the RIA, FR 2026-13392 (07/02/2026)
• USCIS: Form I-140G, Immigrant Petition for the Gold Card Program
• Civil Rights Litigation Clearinghouse: AAUP v. DHS, 1:26-cv-00300 (D.D.C.)
• EB5Investors.com: The Gold Card's Real Numbers (10/13/2026)
• Immigration Policy Tracking Project: EO 14351, The Gold Card
• Erickson Immigration Group: new EB-5 fee table and Form I-527
• Samper Law: EB-5 investment amount adjustment from January 1, 2027

This material is for informational purposes only and is not legal advice. M&M Document Preparation is not a law firm. Information is current as of October 15, 2026.