Current EB-5 investment thresholds
The EB-5 Reform and Integrity Act of 2022 (part of the Consolidated Appropriations Act, 2022) set two investment minimums: $800,000 for investments in Targeted Employment Areas (TEAs) and $1,050,000 for investments outside TEAs. These amounts replaced the previous $500,000/$1,000,000 thresholds that had been in place since 1990 (with a brief 2019 increase that was vacated by courts). The next scheduled inflation adjustment is May 2027.
What qualifies as a Targeted Employment Area
A TEA is defined as either: (1) a rural area — a county outside a metropolitan statistical area (MSA) with a population under 20,000 — or (2) an area with unemployment of at least 150% of the national average. Under the 2022 Act, USCIS now designates TEAs directly rather than deferring to state agencies, which previously allowed developers to draw gerrymandered TEA boundaries combining high-unemployment census tracts with low-unemployment project sites to qualify artificially.
Investors should request a TEA designation letter from USCIS as part of the I-526E filing process. Without confirmed TEA status, the higher $1,050,000 threshold applies. Projects marketed as 'TEA eligible' should show a USCIS-issued designation, not just a state letter.
What the investment must be
The EB-5 investment must be placed into a 'new commercial enterprise' — a for-profit entity formed after November 29, 1990 (or a pre-existing business that has been substantially reorganized/expanded). The capital must be 'at risk' for the purpose of generating a return. It cannot be a loan to the enterprise secured by the enterprise's assets, and the funds must remain invested through the conditional period. Return of capital before I-829 approval risks USCIS finding the investment was not truly at risk.
Related Questions
Does the $800,000 investment need to be entirely in cash?
No. EB-5 capital can include cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness (loans) provided the investor is personally and primarily liable. Mixed-asset investments are common.
Can I reduce my investment by using a loan?
The full invested amount must be at risk — but the source of funds can include a personal loan secured by non-project assets. You cannot reduce the minimum investment threshold; the full amount ($800K or $1.05M) must be invested in the enterprise.
When do the investment amounts increase next?
The 2022 Act requires the amounts to be adjusted every 5 years starting May 2027. Adjustments are based on changes in the Consumer Price Index (CPI). USCIS publishes the updated amounts in the Federal Register.
Does the EB-5 investment have to stay invested after I get a green card?
The investment must remain at risk through the removal of conditions (I-829 approval). Once conditions are removed and you receive a permanent green card, you may recover your capital at the project's discretion (subject to investment agreement terms).
Can foreign investors in a new US startup use EB-5?
Yes, provided the new commercial enterprise is structured to comply with EB-5 regulations (at-risk, job-creating). Many tech startup founders explore EB-5 direct investment alongside other visa pathways.
Official Sources
This guide is general information, not legal advice. Fees and processing times change; always confirm with the official government source before acting.