The USA, EB-5 visa in 2026: who it suits and how the process works

EB-5 remains the only program that gives a US green card to the whole family at once for a passive investment from $800,000. A green card means permanent residence: the right to live, work and study in any state, and after 5 years to apply for citizenship. A realistic timeline to the first green card is one to two and a half years depending on the route. An important date: applications filed before September 30, 2026 are protected by law from any future changes to the program.

How the program works

The program has run since 1990, and the annual quota is around 10,000 visas, family members included. You do not have to run a business yourself: on the main route the money goes into a licensed regional center, which builds a project in a targeted employment area (a rural area or an area with high unemployment) and creates the required jobs itself.

Do not confuse EB-5 with the announced "gold card" for $1 million: that mechanism is being contested in the courts, while EB-5 was created by Congress and is operating in full.

What it costs

$800,000 is the investment itself. No one has the right to guarantee its return, but if the project goes normally the capital comes back, usually in 4–6 years. On top of the investment come mandatory payments: the regional center fee, legal work, and government fees for processing the application and issuing the documents. Their size depends on who is in the family and how complex the file is. If the application is refused, the service fees are not returned.

Who can be included in the application

The application covers the investor, a spouse, and unmarried children under 21.

No business experience, education or language is required: the investor's role in a regional center project is nominal. The main requirement is to document a lawful source of funds and the path the money took to the project's account. Tax returns, sale agreements, bank statements, gift and inheritance records serve as proof.

For citizens of some countries the option to apply is restricted or takes more time — check at a consultation: we will suggest how to build your case and, if needed, offer alternatives.

How the process works

1. Choosing the project — 1–3 months. We check how reliable the project is together: we look not only at the returns, but also at the cushion on job creation, the history of approvals and the plan for returning the capital.
2. Preparing the documents on the source of funds — 2–6 months depending on how complex the case is.
3. The investment and filing the petition.
4. Review of the petition. Applications for rural projects go into a priority queue: at best a decision comes in a few months, more often within a year to a year and a half.
5. A green card for the whole family. The first card is issued for 2 years.
6. Removing the conditions. After 2 years an application is filed, and once it is approved the card becomes a permanent one.
7. Citizenship — 5 years from the date of the first green card: physical presence of at least 30 months over those years, basic English and a civics test. The US allows dual citizenship.

If you are already in the US in lawful status (on a work or student visa, for example), the family can receive work and travel permits a few months after filing and live in the country without waiting for the petition to be approved.

In total: 1–2.5 years to the first green card, 4–6 years to the permanent card, 6–8 years to a passport.

What the status gives you

A green card lets you live and work in any state, children study for free in public schools, and universities charge state residents noticeably less than foreign students.

Taxes

From the moment the green card is activated you become a US tax resident and pay tax on worldwide income: the federal scale goes up to 37%, and state tax is added on top (Florida and Texas have none, which is why those states are popular with investors). Reporting on foreign accounts and assets is mandatory.

Downsides and risks

1. The investment is at risk because the law requires it. A guaranteed return is prohibited by the very design of the program, so a project is chosen only after an independent check.
2. The capital does not come back quickly. The money stays in the project for at least 2 years, and in practice comes back in 4–6 years.
3. The queues are growing. The program is popular, and the later the application is filed, the longer the wait for a visa. Filing early locks in an earlier place in the queue; applicants born in some countries have to wait longer — check at a consultation.
4. Real residence in the US is required.

Who it suits and who it does not

It suits: families who genuinely plan to live in the US for their children's education, for business or for a career. A separate strong category is parents of students: a green card removes the work visa lottery and lowers the cost of studying at state universities. The mandatory conditions: a transparent source of funds and readiness for US taxes as the price of access to the market.

It does not suit: people looking for a "backup passport" without moving — the requirement of actual residence and worldwide taxation make EB-5 a program about relocation; people for whom losing the investment would be a catastrophe; people who need a result in six months.

What's next

A protective rule is in force until September 30, 2026: applications filed before that date will not be affected by any future changes to the program. On top of that, from 2027 the minimum thresholds will be indexed to inflation for the first time, while through the end of 2026 the amounts will not change. The flow of applications is growing because of this, and it is not worth putting off filing.

Want to see how EB-5 fits your family — its make-up, source of funds and goals? Book a free Migronis consultation: migronis.com/consultation. We will go through your case and tell you whether the program suits you or whether it is better to look at other routes.