Five Key Changes to the EB-5 Program in 2026
Five Key Changes to the EB-5 Program in 2026
1. The minimum investment is now $800,000 for qualifying projects
The RIA established an $800,000 minimum investment for investments in a Targeted Employment Area (TEA), including qualifying rural areas and high-unemployment areas. The standard minimum investment is $1.05 million. These amounts are subject to future inflation adjustments.
2. Rural and high-unemployment projects receive visa set-asides
The RIA created reserved visa categories for certain projects. 20% of EB-5 visas are reserved for qualifying rural-area investments, 10% for high-unemployment-area investments, and 2% for infrastructure projects. This makes project location an increasingly important consideration for investors.
3. Regional centers face stronger oversight
The 2022 reforms significantly increased requirements for EB-5 regional centers, including greater government oversight, compliance obligations and integrity measures. Regional centers are also subject to an annual EB-5 Integrity Fund fee, which supports USCIS efforts to detect and prevent fraud and abuse.
4. Investors have stronger protections if the regional-center program changes
One important feature of the RIA is protection for certain EB-5 investors if the Regional Center Program is terminated or undergoes changes. The law also established procedures intended to reduce the risk that investors who have already filed will simply lose their immigration pathway because of problems with a regional center or changes to the program.
5. Source of funds and project documentation matter more than ever
EB-5 investors must be able to document that their investment capital was lawfully obtained and properly invested in the qualifying commercial enterprise. The program also requires the investment to meet job-creation requirements. This makes financial records, business plans, project documentation and professional due diligence critical parts of the process.
What this means for international investors
The EB-5 program is no longer simply a question of “Do you have $800,000?” Investors increasingly need to evaluate where the money is going, who controls the project, how jobs will be created, whether the regional center is compliant, how the source of funds will be documented, and whether the investment fits the applicable visa category.
For an EntryPoint article, this is a strong opportunity to position EntryPoint as the business-readiness and investment-readiness layer: helping international entrepreneurs understand the U.S. business, financial and documentation requirements while making clear that immigration legal advice and filings belong with a licensed immigration attorney.
