USCIS administers the EB-5 Program. Under this program, investors — and their spouses and unmarried children under 21 — are eligible to apply for lawful permanent residence (a Green Card) if they meet the investment and job-creation requirements below.
See Alerts and Latest NewsThis program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program — also known as the Regional Center Program — which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.
On Nov. 14, 2025, USCIS published a new edition of Form G-1055, Fee Schedule. The new edition reverted filing fees for the following EB-5 related petitions and applications back to the pre-April 1, 2024 Fee Rule amounts:
Read more: Court Order on Partial Stay of DHS 2024 USCIS Fee Rule →
USCIS administers the EB-5 Immigrant Investor Program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a program first enacted as a pilot in 1992 and regularly reauthorized since, investors may also qualify for EB-5 classification by investing through regional centers designated by USCIS based on proposals for promoting economic growth.
On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022 (Public Law 117-103), introducing new requirements for the EB-5 immigrant visa category and the Regional Center Program. Immigrant visas are authorized under the Regional Center Program through Sept. 30, 2027.
This section provides a brief overview of the basic requirements for an EB-5 immigrant visa under the EB-5 Reform and Integrity Act. Full USCIS policy on EB-5 adjudications — for petitions filed both before and after the Act's enactment — is available in Volume 6, Part G of the USCIS Policy Manual.
All EB-5 investors must invest in a new commercial enterprise that was established:
A new commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including:
This definition does not include noncommercial activity, such as owning and operating a personal residence.