Key EB-5 Features
Investment-Based Green Card
The case centers on a qualifying investment, lawful source and path of funds, and job creation. No U.S. employer needs to offer you a sponsored position.
Two Investment Structures
You may pursue a standalone direct investment or invest through a USCIS-designated Regional Center. Control, filing forms, and job-counting rules differ.
Eligible Family Members
Your spouse and unmarried children under 21 may apply as derivatives for conditional permanent residence.
Reserved Visa Categories
The RIA reserves 20% of annual EB-5 visas for rural projects, 10% for high-unemployment area projects, and 2% for infrastructure projects.
How Lingtu Handles EB-5 Matters
We review the investment structure, project documents, lawful source of capital, and the complete path of funds before organizing the I-526 or I-526E evidence. Project risk, immigration eligibility, and the investor's financial record are assessed separately. Regional Center designation does not replace review of the specific offering or investor.
Core EB-5 Requirements
An investor generally must satisfy the investment, enterprise, job-creation, lawful-funds, and management requirements. The exact rules depend on the investment date and structure.
Required Investment
The standard amount is $1,050,000. The amount is $800,000 for a qualifying targeted employment area (TEA) or infrastructure project. These levels have applied since March 15, 2022.
New Commercial Enterprise
Capital must be invested in a qualifying new commercial enterprise and remain at risk for the required period. A guaranteed return or redemption arrangement may undermine eligibility.
10 Qualifying Full-Time Jobs
Each investor must create at least 10 qualifying full-time jobs. Standalone investors generally count direct employees only; Regional Center cases may use an accepted economic model to count direct, indirect, and induced jobs.
Lawful Source and Path of Funds
The petition must show how the capital was earned and trace it into the investment. Common sources include salary, business income, property sales, gifts, inheritance, and loans secured by the investor's own assets.
Management Participation
The investor must engage in management through day-to-day control or policy formation. Regional Center offerings commonly document this through limited-partner or member rights.
Could EB-5 Fit My Situation? (Practical Examples)
These examples illustrate common structures only. They do not mean that a project, funding arrangement, or outcome has been approved. Feasibility depends on the offering, source of funds, and visa availability.
Property-Sale Proceeds in a Regional Center Project
An investor documents the original purchase, mortgage payments, taxes, sale, and receipt of proceeds before tracing the capital into a TEA-qualified Regional Center project.
Business Income Used for a Standalone Enterprise
An investor uses years of company dividends and retained earnings to establish a U.S. business, supporting the filing with company financials, tax records, dividend resolutions, bank statements, and a hiring plan.
A Gift from Parents
A gifted-funds case documents the gift and transfer and also proves how the donor lawfully obtained the capital. The family relationship alone does not establish a lawful source.
Standalone and Regional Center Investments
Both paths require capital to be invested at risk, lawfully sourced, and tied to job creation. The main differences are project control, filing form, and how jobs are counted.
Standalone Direct Investment · I-526
- The investor establishes, acquires, or invests in a U.S. business and bears responsibility for operations and execution.
- The enterprise generally must directly employ at least 10 qualifying full-time workers.
- This route fits investors who want operational control and can maintain detailed business, payroll, and capital-use records.
Regional Center Investment · I-526E
- The investor invests through a new commercial enterprise associated with a USCIS-designated Regional Center and a filed I-956F.
- Jobs may be counted through an accepted economic model, including direct, indirect, and induced employment.
- Regional Center designation is not a USCIS endorsement of the offering and does not eliminate investment or immigration risk.
Our Scope of Work
Source and Path of Funds Review
We trace income, dividends, asset sales, gifts, inheritance, loans, and cross-border transfers and identify documentary gaps early.
Project and Offering Review
We review the business plan, private placement memorandum, subscription agreement, use of proceeds, exit terms, TEA support, and Regional Center filings for immigration issues.
I-526 or I-526E Petition
We organize investor and project evidence, prepare the legal submission and forms, and respond to later USCIS notices.
Adjustment or Consular Planning
We plan concurrent or later I-485 filing or consular processing based on chargeability, priority date, U.S. status, and family circumstances.
I-829 Preparation
We prepare sustained-investment, job-creation, and project-execution evidence for filing during the statutory window before conditional residence expires.
Legal Fee Structure
EB-5 matters vary substantially by funding path, family size, document volume, and project structure. An attorney provides a written quote after assessment; this page does not publish a standard numerical legal fee.
Full Representation
Attorney assessment required
- Source and path of funds analysis.
- Immigration review of project and offering documents.
- I-526 or I-526E forms, evidence, and legal submission.
- Responses to USCIS requests for evidence.
- Planning for I-485 or consular processing.
- I-829 work may be scoped separately at the appropriate stage.
The signed Legal Services Agreement controls the scope, payment schedule, and exclusions.
Important Disclosures
- Investment risk: EB-5 capital must remain at risk. Counsel cannot guarantee repayment, returns, visa availability, or an immigration result.
- Independent review: USCIS designation of a Regional Center is not government endorsement of a specific offering. Investors should obtain separate securities, tax, and financial advice.
- Excluded costs: Legal fees do not include USCIS fees, medical examinations, visa fees, translation, courier charges, project administration fees, or other third-party costs.
- Changing rules: Investment amounts, government fees, Visa Bulletin dates, and Regional Center Program authorization may change. Confirm the official rules before filing.
Current USCIS Filing Fees
USCIS restored the following EB-5 petition fees on November 13, 2025, and continued to publish them as of September 21, 2026. I-485, consular, biometrics, medical, and derivative fees vary by process and applicant.
Investor Petition
- Form I-526 (Standalone Investor): $3,675
- Form I-526E (Regional Center Investor): $3,675
- The current I-526/I-526E fee schedule does not list a separate Asylum Program Fee.
Removal of Conditions
- Form I-829: $3,750
- Recheck Form G-1055 and the applicable form page immediately before filing.
Fees verified September 21, 2026. Court orders, regulations, or a new fee schedule may change them.
Process and Key Stages
There is no single EB-5 completion time. Project adjudication, individual processing, visa availability, and consular scheduling all affect the timeline.
Select the Structure and Invest
Choose a standalone or Regional Center investment, complete due diligence, document funds, and make the qualifying investment.
- For a Regional Center investment, the project generally files Form I-956F before the investor files Form I-526E.
File Form I-526 or I-526E
USCIS reviews the investor, lawful funds, project documentation, and job-creation plan.
- The RIA directs USCIS to prioritize qualifying rural petitions, but it does not guarantee a decision date.
Obtain Conditional Permanent Residence
When a visa is available, file Form I-485 in the United States or complete consular processing abroad.
- An eligible U.S. applicant may be able to file Form I-485 concurrently with Form I-526 or I-526E when a visa is available.
- A spouse and unmarried children under 21 may apply as derivatives.
File Form I-829
File during the 90-day period before the second anniversary of conditional permanent residence.
- The filing focuses on sustained investment and whether the required jobs were created or will be created within a reasonable time.