American Immigration Lawyers
Khan Law, PLLC
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Plano, TX 75074
Office: (469) 200-6508
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Email: info@khanlegalgroup.com
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The Visa Guide · Employment
EB-5 Investor
Green Card
Capital, committed.
Green cards for investors, and their spouse and unmarried children under 21, who invest in a U.S. enterprise that creates ten full-time American jobs. Here’s the whole journey, in plain English.
Who Qualifies
Built on capital and jobs.
Four pillars hold up every EB-5 case. The source-of-funds file carries the most weight.
The investment
$800,000 in a Targeted Employment Area or infrastructure project, or $1,050,000 elsewhere. Amounts adjust periodically by regulation.
The jobs
Creation of 10 full-time U.S. jobs: direct, or including indirect jobs for regional-center projects.
The source of funds
Fully documented lawful source and path of funds: the most-scrutinized element of every case.
The enterprise
Investment at risk in a new commercial enterprise: your own business (direct) or a regional center project.
The Process
Five steps. One investment.
The choice
Choose direct or regional center, complete diligence, and commit the capital.
The money trail
Build the source-of-funds file: earnings, sales, gifts, loans, traced end to end.
The petition
File Form I-526E (regional center) or I-526 (direct). The 2022 Reform and Integrity Act added investor protections and, for those lawfully in the U.S., concurrent I-485 filing with work and travel permits while waiting.
The conditional card
On approval, adjust or consular process into a 2-year conditional green card.
The permanent card
File Form I-829 in the final 90 days proving the investment sustained and jobs created: conditions removed, permanent card issued.
Forms & Fees
Know the paperwork.
The regional-center investor petition, with protections added by the 2022 Reform and Integrity Act
The direct-investment petition, for investors building their own enterprise
Adjustment of status: for those lawfully in the U.S., filed concurrently with work and travel permits
Filed in the final 90 days of the conditional card to prove the investment sustained and jobs created
The two-year card comes with homework.
The green card starts conditional for 2 years. Form I-829, filed in the final 90 days, must prove the investment sustained and the jobs created before the permanent card issues.
Live processing times & fees
Government numbers change monthly. These official tools are always current:
Your investment.
Our fight.
Clean source-of-funds documentation is everything. Tell us your story: the evaluation is free, and we’ll tell you exactly what your file needs.
Attorney Advertising: general information, not legal advice. Clean source-of-funds documentation is everything: request a free case evaluation or call (469) 200-6508. ← Back to all visa guides
The Rules
What you can and cannot do.
- Include your spouse and unmarried children under 21 on one qualifying investment
- Live, work, study, or run a business anywhere in the U.S. once the card issues
- Fund the investment with documented gifts, loans, inheritance, or sale proceeds
- Keep your career and life abroad while the petition is pending, then move on approval
- Accept a guaranteed return or a promised buyback; the capital must truly be at risk
- Borrow the investment money against the assets of the EB-5 project itself
- Use funds whose path you cannot document, however legitimate the source
- Live mostly abroad afterward; long absences can be read as abandoning residency
Costs
What it costs in 2026.
EB-5 filing fees have been a moving target. USCIS raised them sharply in April 2024, a federal court struck those increases down in November 2025, and USCIS has been accepting the older, lower amounts below while a new fee rule works through rulemaking. That proposal would push the investor petition to $9,625 and the I-829 to $7,860, so confirm the numbers the week you file.
| Item | Amount | Notes |
|---|---|---|
| Investor petition (I-526E or I-526) | $3,675 | Court-restored amount; one filing covers the investor and the family named in it |
| EB-5 Integrity Fund fee | $1,000 | Paid with the I-526E in regional-center cases |
| Removal of conditions (I-829) | $3,750 | Filed in the final 90 days of the 2-year conditional card |
| Adjustment of status (I-485) | $1,440 per applicant | For those filing inside the U.S.; consular cases pay State Department visa fees instead |
Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. The petition fees are paid once per case, while adjustment and visa fees apply per family member, including children.
FAQ
Questions we hear every week.
Can the money be a gift from my parents?
Yes. Gifts, loans, inheritances, and sale proceeds all work, but the government traces the money twice: how the giver earned it lawfully, and how it traveled to the project. We build that paper trail before anything is filed.
Will I get my investment back?
Nobody may promise you that. The law requires the capital to stay genuinely at risk, and repayment depends on the project documents after the required investment period ends. A project that guarantees your money back can sink the petition itself.
What happens if the project fails or the jobs never appear?
The I-829 can be denied, and with it the green card. That is why diligence on the project, its job math, and its finances matters as much as the immigration forms. The 2022 reform law added audits and disclosure duties that make honest vetting easier than it used to be.
How long before my family holds green cards?
It varies widely by country of birth and by whether the project sits in a set-aside category with its own queue in the Visa Bulletin. For many investors the realistic arc runs several years from petition to conditional card, so plan around the wait, not around a promise.
Will my 19-year-old age out during the wait?
Maybe not. A federal statute can freeze a child’s age while the petition is pending, so many children who turn 21 during processing still qualify. The calculation is case-specific, and it is one of the first things we run for families with teenagers.
Do I have to run the business myself?
No. Regional-center investors can be limited partners with a policy-level role and live anywhere in the country. Direct EB-5 is different: you are expected to actually manage the enterprise that creates the ten jobs.