Three EB-5 dates investors should understand

EB-5 remains open, but three dates now matter particularly for investors considering the Regional Center route. The position below is current as of September 2026.

The deadline matters, but preparation still comes first

The 30 September 2026 date is not the date on which the Regional Center Program ends. It is the cutoff for a specific statutory protection against a later lapse in Regional Center legislation.

It should also not be treated as a reason to rush into an unsuitable project or file an inadequately prepared case. Project selection, source-of-funds evidence and petition preparation all need sufficient time.

EB-5 at a glance

CURRENT INVESTMENT THRESHOLD

From USD 800,000

USD 800,000 for a qualifying Targeted Employment Area or infrastructure investment. The standard minimum is currently USD 1,050,000. Current as of September 2026; thresholds are scheduled to adjust from 1 January 2027.

RESIDENCE OUTCOME

U.S. Green Card

Successful investors receive conditional permanent resident status once the relevant residence stage is approved.

FAMILY

Spouse and children

Your spouse and qualifying unmarried children under 21 can be included as derivative applicants.

JOB CREATION

At least 10 jobs

The qualifying investment must meet the applicable EB-5 job creation requirements.

What is the US EB-5 visa?

EB-5 is the United States' employment-based fifth-preference immigrant investor category. It allows an eligible foreign investor to seek lawful permanent residence by investing the required capital in a qualifying U.S. commercial enterprise and meeting the program's job-creation requirements.

It is important to distinguish EB-5 from citizenship by investment. EB-5 does not buy U.S. citizenship. It provides a route to permanent residence. U.S. citizenship may become an option later through the normal naturalisation process if you meet the applicable requirements.

For many families, that distinction is precisely what makes EB-5 attractive: the objective is not simply another travel document, but the ability to establish a genuine long-term base in the United States.

Requirement Current position
Standard minimum investment USD 1,050,000.
Reduced minimum investment USD 800,000 for a qualifying Targeted Employment Area or eligible infrastructure investment.
Job creation At least 10 qualifying full-time U.S. jobs per investor.
Investment structure Regional Center or standalone investment.
Source of capital Funds must come from lawful and properly documented sources.
Investment risk The qualifying capital must be genuinely invested and at risk, meaning there cannot be any guarantee of repayment at the end of the process.
Family Spouse and qualifying unmarried children under 21 may be included.
Initial residence Conditional permanent residence.

Regional Center or standalone EB-5 investment?

There are two principal ways to structure an EB-5 investment. The useful distinction is Regional Center versus standalone – not simply “passive” versus “active”.

Regional Center investment Standalone investment
Structure Investment through a USCIS-designated Regional Center and its qualifying project structure. Investment directly through a qualifying new commercial enterprise.
Petition Form I-526E. Form I-526.
Job creation Applicable rules allow qualifying direct and indirect job creation to be considered. Generally relies on direct qualifying job creation.
Investor involvement Often structured for limited day-to-day investor involvement, with the project managed on the investor's behalf, subject to EB-5 requirements. Generally involves greater direct involvement in the enterprise.
Investment minimum Depends on the qualifying location/project – it is not automatically USD 800,000 simply because it is a Regional Center investment. Can also qualify for the reduced threshold where the applicable requirements are met.

Regional Center designation should not be confused with a guarantee that a particular investor's immigration petition or investment will succeed.

This is an immigration decision and a capital allocation decision. Both need proper scrutiny.

What counts as a qualifying source of funds?

Having the required capital is only part of an EB-5 application. You must also be able to demonstrate that the investment funds were obtained lawfully and document how the money moved from its original source into the qualifying investment.

Depending on your circumstances, funds may originate from sources such as earnings, the disposal of assets or a business, inheritance or a genuine gift. The documentary trail required will differ from one investor to another.

A gift, for example, does not remove the source-of-funds requirement. The underlying lawful origin of the gifted capital may still need to be established.

Start with the evidence, not the project

Before committing to an EB-5 investment, establish with your U.S. immigration counsel whether your source and path of funds can be documented to the standard required for your petition

A commercially attractive project does not solve a weak source-of-funds case.

Reserved EB-5 visas and why project location can matter

Not all EB-5 investments sit in the same visa category.

U.S. law reserves portions of the annual EB-5 visa allocation for qualifying investments in:

  • rural areas
  • high-unemployment areas
  • qualifying infrastructure projects

This can affect more than the investment threshold. Visa availability can differ between reserved and unreserved categories and between applicants from different countries of chargeability.

That means two investors making the same financial commitment can face different immigration timelines. Your U.S. immigration counsel should assess the immigration implications of the category you are considering before you proceed.

How Sable International supports your EB-5 journey

Sable International does not prepare or file EB-5 petitions. Our role is to help you understand the route, introduce relevant specialists and coordinate the wider cross-border journey while keeping each professional responsibility clear.

Regional Center project introductions

We introduce clients to EB-5 project opportunities through an established Regional Center operator with more than 25 years of experience in the EB-5 industry. The operator carries out its own underwriting and project review. This does not remove investment risk or guarantee an immigration outcome, and the decision to invest remains yours.

Independent U.S. immigration counsel

We can introduce you to U.S. immigration law firms with which we have an established working relationship. You choose and retain your legal counsel directly. Your attorney acts for you and is responsible for legal advice, petition preparation and filing.

Application coordination

While your legal team prepares the EB-5 petition, we can help coordinate supporting documents they request, including assistance with document sourcing and legalisation where appropriate.

Wider cross-border support

Where your future move raises separate foreign exchange, financial planning, tax or wealth questions, we can introduce you to the relevant Sable International specialist. Regulated advice is provided by the appropriately authorised specialist responsible for that area.

How the EB-5 application process works

  • Establish whether EB-5 is worth exploring

    • We start with your objectives, family circumstances and wider cross-border position, and help you identify the issues that should be resolved before you commit capital.

  • Choose your project and U.S. immigration counsel

    • You decide which investment opportunity and legal team you wish to use. We can make introductions, but your legal counsel acts for you independently and the investment decision remains yours.

  • Prepare the source-of-funds evidence

    • Your U.S. immigration counsel leads the legal assessment of the source and path of funds and prepares the evidence required for the petition. We can help coordinate documents and legalisation where appropriate.

  • Complete the qualifying investment and file the petition

    • Once the investment and evidence are ready, Regional Center investors generally file Form I-526E through their U.S. legal counsel. Standalone investors use Form I-526.

  • Complete the residence stage

    • Once the relevant petition requirements are met and an immigrant visa is available, you may proceed through U.S. immigrant-visa processing abroad or, where eligible, adjustment of status in the United States.

  • Receive conditional permanent residence

    • The principal investor and qualifying derivative family members become conditional permanent residents.

  • Apply to remove the conditions

    • Form I-829 is used to request removal of the conditions on permanent resident status. It is generally filed within the 90-day period immediately before the second anniversary of obtaining conditional permanent residence. If the requirements are satisfied, permanent resident status continues without the EB-5 conditions.

Assess my EB-5 eligibility

How long does the EB-5 process take?

There is no standard EB-5 completion date that applies to every investor.

Your timeline can be affected by:

  • your investment category
  • your country of chargeability
  • immigrant visa availability
  • USCIS petition processing
  • whether you use consular processing or adjustment of status
  • the completeness and complexity of your source-of-funds evidence
  • the circumstances of the underlying project

For this reason, a quoted processing time should never be treated as a guaranteed Green Card date.

Permanent residence also carries obligations. Maintaining your U.S. residence, understanding periods spent outside the country and planning for the tax consequences of Green Card status all deserve attention.

What happens after you receive your Green Card?

An EB-5 investor does not move directly from investment to an unconditional Green Card.

You initially receive conditional permanent resident status. The conditions are later addressed through the I-829 process, where the relevant EB-5 requirements – including the investment and job creation requirements applicable to your case – must be demonstrated.

As a permanent resident, you can generally live, work and study in the United States and establish your home independently of the state in which the EB-5 investment was made.

Permanent residence also carries obligations. Maintaining your U.S. residence, understanding periods spent outside the country and planning for the tax consequences of Green Card status all deserve attention.

Can EB-5 lead to U.S. citizenship?

Yes, potentially – but citizenship is not granted by making the EB-5 investment.

An EB-5 investor who becomes a lawful permanent resident may later become eligible to apply for U.S. citizenship through naturalisation. Under the general naturalisation route, this will ordinarily require at least five years as a lawful permanent resident together with the applicable continuous residence, physical presence, good character, English language and civics requirements.

Citizenship should therefore be viewed as a possible later stage in the journey, not as the immediate EB-5 benefit.

What should you consider before choosing an EB-5 investment?

The lowest qualifying investment amount should not be the only question you ask.

  • whether the project is intended to qualify for the proposed EB-5 category
  • whether the Regional Center and project structure meet the relevant compliance requirements
  • how the required jobs are expected to be created
  • the project's capital structure and the position of EB-5 investors within it
  • commercial and construction risks
  • the proposed investment term and exit mechanics
  • fees payable in addition to the qualifying investment
  • whether any repayment or return assumption is being presented as guaranteed
  • the source- and path-of-funds evidence required for your case
  • which adviser is responsible for the immigration, investment, legal and tax aspects of the decision.

Immigration approval and investment

An EB-5 project should be considered from both perspectives.

A project can carry commercial risk even if its immigration structure appears compliant, and an investment return should never be treated as guaranteed simply because the investment is being made for immigration purposes.

Consider U.S. tax and wealth planning before your Green Card becomes active

For internationally mobile families, obtaining U.S. permanent residence is not only an immigration event.

A Green Card will generally make you a U.S. tax resident for federal income tax purposes, and U.S. tax residents are generally required to report worldwide income. Existing companies, trusts, pensions, investment portfolios and family structures can therefore take on very different consequences once U.S. residence begins.

The right time to identify those issues is often before your Green Card becomes active.

Where appropriate, Sable Wealth can support U.S. linked individuals and families with cross-border financial planning. The roles remain distinct: our Investment Migration team supports the residence journey, while tax, financial and investment advice is provided by the suitably qualified or regulated specialist responsible for that area.

Explore planning for U.S. linked persons

A 2026 immigrant visa processing development to be aware of

As of 21 August 2026, the U.S. Department of State says its January 2026 pause on immigrant visa issuance to nationals of 75 countries is no longer in effect following a federal court order.

This removes that particular pause, but it does not mean every nationality-based visa or entry restriction has disappeared. Separate restrictions may still apply depending on nationality and individual circumstances. If you may be affected, your U.S. immigration counsel should confirm the current position before you rely on the change.

Who is EB-5 likely to suit?

EB-5 can be particularly relevant if you:

01

Want the United States to become a genuine long-term base

You are looking for permanent residence rights rather than simply short-term access to the country.

02

Want options for your family

You want your spouse and qualifying children to be able to establish lives, careers or studies in the United States.

03

Have sufficient capital and a documentable source of funds

You can commit the required investment without compromising your wider financial plans and can demonstrate how the capital was lawfully accumulated.

04

Are comfortable treating the investment and immigration case as separate risks

You understand that neither investment performance nor immigration approval should be regarded as guaranteed.

When EB-5 may not be the right solution

EB-5 deserves more careful consideration if your priority is principally visa-free travel rather than U.S. residence, if you are unwilling to accept investment risk, if your source-of-funds history will be difficult to evidence, or if you have not yet considered the tax consequences of becoming a U.S. permanent resident.

These are questions worth resolving before you commit capital.

Why work with Sable International?

EB-5 sits at the intersection of immigration, capital, family planning and cross-border wealth. Our role is to help you coordinate those moving parts without blurring who is responsible for the legal, investment, tax and financial decisions.

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Tell us what you want the United States to make possible for your family. We will help you establish whether EB-5 is a route worth taking further.

US EB-5 frequently asked questions

01What does the 30 September 2026 grandfathering deadline mean?

For qualifying Regional Center investors, it is the cutoff for the statutory protection against a later expiry of the legislation authorising the Regional Center Program. A protected petition cannot be denied solely because that legislation later expires. It is not the date on which the Regional Center Program itself ends.

02Can I still file a Regional Center EB-5 petition after 30 September 2026?

Potentially, yes. The Regional Center Program is currently authorised through to 30 September 2027. However, a petition filed after 30 September 2026 does not have the same specific protection against expiry of the Regional Center legislation. Your legal counsel should confirm the current position before you rely on a filing strategy.

03Will the EB-5 investment amount change in 2027?

The current USD 800,000 and USD 1,050,000 statutory minimums are scheduled to adjust automatically from 1 January 2027 for petitions filed on or after the adjustment date. Check the latest official threshold before committing capital or filing.

04Who prepares and files my EB-5 petition?

Your U.S. immigration attorney does. Sable International does not prepare or file the EB-5 petition. We can introduce you to U.S. legal teams, help coordinate documents requested by your counsel and support the wider cross-border journey.

05Has the 2026 immigrant visa pause for 75 nationalities been lifted?

Yes. The U.S. Department of State states that, as of 21 August 2026, the January 2026 pause is no longer in effect following a federal court order. Separate visa or entry restrictions may still apply, so affected applicants should confirm their current position with U.S. immigration counsel.

06What if my child is approaching 21?

Your spouse and qualifying unmarried children under 21 may generally be included as derivative applicants. Families with children approaching 21 should obtain U.S. immigration advice early because timing, visa availability and age-related immigration rules can affect the analysis.

07Can I apply while I am already in the United States?

Some investors already in the United States may be able to pursue adjustment of status where the legal requirements are met and an immigrant visa is available. In qualifying circumstances, concurrent filing may also be possible. Your existing U.S. status and current visa availability should be reviewed by U.S. immigration counsel before you rely on this route.

Start with your eligibility, not the investment

Before choosing a project or moving capital, establish whether EB-5 fits your family, your source-of-funds position and your wider cross-border plans.

Assess my EB-5 eligibility

Last reviewed by Sarah Young, Investment Migration Manager, Sable International, in October 2026.

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Disclaimer: Please do not act in reliance on information published or advised without consulting a suitably qualified independent legal or other professional advisor of your own choosing. Sable International will not be liable for any direct, indirect or consequential loss or damage suffered by any person as a result of their use or reliance on any of the advice provided by any one or all of the professional advisors identified by Sable International; loss or damage suffered by any person as a result of changing government legislation; and/or changing rules around immigration and nationality. Obtaining residency and citizenship is at the sole discretion of the government in question and cannot be guaranteed by Sable International.