EB-5 I-526E Petition: Requirements, Updates, and Investor Insights
For many global investors, the EB-5 visa program is an opportunity to secure permanent residency in the United States while supporting projects that create American jobs. The journey begins with Form I-526, the petition that demonstrates eligibility and commitment as an investor. In this article, we will focus on Form I-526 E, which applies to regional center investments and has become the primary pathway for many applicants.
The year 2025 brings heightened attention to potential changes in investment-based immigration. The Trump administration has introduced an official website outlining a proposed Gold Card/ Trump Card visa which would require an investment of $1 million. A higher-tier Platinum Card has also been floated with a $5 million threshold. These proposals remain preliminary, and significant details have not yet been defined. At the same time, the EB-5 Reform and Integrity Act continues to provide stability by safeguarding investors who file I-526 or I-526 E petitions under the existing framework.
Basics of I-526 Petition
The EB-5 Immigrant Investor Program was designed to attract foreign capital into the U.S. economy in exchange for a path to permanent residency. The first step for an investor is filing Form I-526 with U.S. Citizenship and Immigration Services (USCIS).
Eligibility requires meeting minimum investment thresholds. The standard amount is $1,050,000, but a reduced amount of $800,000 applies to projects in Targeted Employment Areas (TEAs), such as rural regions or communities with high unemployment. Beyond the numbers, USCIS requires proof that the funds are placed at risk to generate returns, will create at least ten full-time jobs for U.S. workers, and come from lawful sources.
Investors can structure their participation either through direct investment, which involves owning or managing a business that directly employs ten workers, or through a regional center that pools capital for larger ventures. Regional center investments are popular because they allow job creation to be measured through both direct and indirect means.
For more information on the difference between direction and regional center models see our full guide: EB-5 Investment Options Explained: Direct vs. Regional Center Models
The timeline begins with the I-526 filing. USCIS reviews the petition to confirm eligibility, a process that can take considerable time depending on visa availability and overall workload. Once the I-526 is approved and a visa number is available the investor may either file for adjustment of status if already in the United States or complete consular processing abroad. Approval of this stage grants conditional permanent resident status, which provides a two-year green card. Before this conditional period expires, the investor must file Form I-829 to remove conditions and demonstrate that the required investment and job creation targets were met.
A practical example is an investor from India who invests 800,000 dollars in a rural hospital project through a regional center. Because the project is in a TEA, the lower threshold applies. Once approved, the investor and family can enter the U.S. as conditional residents and later prove job creation through I-829 to gain permanent residency.
What is the EB-5 I-526E Petition?
EB-5 I-526E was introduced after the EB-5 Reform and Integrity Act of 2022 to standardize petitions linked to regional center projects. Like the standard I-526, it requires evidence of the investment amount and lawful source of funds. In addition, the regional center project must have filed Form I-956F with USCIS, describing how it complies with EB-5 requirements. Without an I-956F filing, an I-526 E petition cannot proceed.
Investment amounts remain the same: $1,050,000 for standard projects and $800,000 for those in TEAs. Most regional center projects are strategically designed to qualify for the lower threshold. The strength of I-526 E lies in its flexibility. Job creation can be proven not only through direct hiring but also through indirect jobs generated by the project. A hotel development, for instance, may count both permanent staff and construction workers, as well as jobs created in nearby businesses due to increased economic activity.
An investor from Brazil illustrates this option well. By investing 800,000 dollars in a regional center project that redevelops an old shipping yard into a mixed-use complex, the family relies on the project’s I-956F filing, which demonstrates significant job creation through both construction and long-term employment.
Recent 2025 Developments affecting EB-5/ I-526E
In 2025, the EB-5 Reform and Integrity Act remains in force. It reauthorized the regional center program through September 30, 2027, and, more importantly, provides grandfathering protection. Petitions filed by September 30, 2026, will continue to be processed under existing rules even if the program changes.
Another update involves the sustainment period for investments. USCIS guidance and a federal court ruling in 2025 confirmed that funds must remain invested for at least two years, pending further rulemaking.
For now, the minimum investment levels remain unchanged at 1,050,000 dollars for non-TEA and 800,000 dollars for TEA or rural projects, holding until at least the program’s sunset in 2027.
Preparing a Strong EB-5 I-526E Petition
At Colombo & Hurd, our attorneys work with investors to prepare strong petitions by ensuring meticulous documentation. We assist in tracing the lawful source of funds through clear financial records such as tax returns, bank statements, property sale agreements, or inheritance papers. Addressing potential gaps early helps reduce the chance of delays during USCIS review
Regional center compliance is equally critical. Because the EB-5 I-526E Petition relies on Form I-956F, investors should select projects from centers with a history of transparent reporting. A solid petition will contain a comprehensive business plan, an economic impact study projecting job creation, and proof that the regional center has maintained its USCIS designation.
Processing depends on the applicant’s country of chargeability. During that period, funds must remain invested, so careful financial planning is required.
Common issues include vague source-of-funds documentation, missing translations of foreign records, or reliance on centers without a proven compliance history. Our attorneys guide clients through these challenges, reviewing every detail to reduce the risk of delays and ensure that the petition package is as strong as possible.
Form I-526 E vs I-526
I-526 E often suits investors seeking flexibility and lower involvement. Direct I-526 requires the investor to operate or manage a business that directly employs ten full-time workers. This appeals to entrepreneurs who want to establish and run a company in the U.S. In addition, EB-5 I-526E Petition allows investors to play a passive role. By investing through a regional center, job creation can include indirect and induced positions. This makes it easier for projects to meet the ten-job requirement and reduces the burden on the individual investor.
Another factor is the investment threshold. Regional center projects are commonly structured in Targeted Employment Areas, which makes them eligible for the 800,000-dollar level. Direct projects may also qualify for this lower threshold if located in a TEA, although many are established in non-TEA locations where the minimum investment rises to 1,050,000 dollars.
| Aspect | Direct I-526 | I-526 E (Regional Center) |
| Investor role | Active management of own business | Investment managed through experienced developers and fund managers |
| Job creation | Must directly employ 10 U.S. workers | Can include indirect and induced jobs |
| Investment minimum | 800,000 dollars in TEAs, 1,050,000 in non-TEAs | Often 800,000 dollars (TEA) |
| Risk focus | Dependent on investor’s own business performance | Dependent on regional center compliance |
For example, an entrepreneur who wishes to personally run a logistics company may prefer direct investment, while a family seeking a hands-off pathway often finds I-526 E more practical. The choice depends less on which is better overall and more on which aligns with personal and financial goals.
Conclusion
The EB-5 program continues to offer one of the clearest routes to U.S. permanent residency. Both I-526 and I-526 E provide opportunities, but the latter has become the favored option due to its flexibility and reduced management burden.
Despite ongoing policy debates, the current EB-5 I-526E Petition structure remains intact. Due to statutory protections, investors who file before September 30, 2026, secure their place under today’s rules. For those considering the 800,000-dollar option in qualifying areas, this window of stability is significant.
Moving forward requires careful preparation, from documenting the source of funds to selecting projects with reliable compliance records and understanding long-term obligations. At Colombo & Hurd, we provide the guidance needed at each stage, helping investors move through uncertainty and toward permanent residency with greater confidence.
Frequently Asked Questions about Form I-526E
What status do my family members receive if my EB-5 I-526E Petition is approved?
Spouses and unmarried children under 21 may obtain conditional green cards alongside the principal investor, valid for two years.
What happens if a regional center loses its designation after I file?
USCIS guidance suggests that protections apply if the project had a valid I-956F at the time of filing, though outcomes may vary case by case.
Can I file I-526 E while in the U.S. on another visa?
Yes. If a visa number is available, you may adjust your status domestically rather than processing through a consulate abroad.
Does visa retrogression affect I-526 E petitions?
Yes. Investors from countries with high demand, such as China or India, may face waiting periods before a visa number is available, even after approval.
What fees are required in addition to the investment?
Filing fees for Form I-526 E and legal or administrative costs apply. Regional centers may also charge administrative fees to cover project management.
Every investor’s circumstances are unique. However, a free evaluation can help determine eligibility, review sources of funds, and explore suitable regional center projects. Our firm specializes in I-526 E petitions and has the experience to guide applicants through the entire process. Contact Colombo & Hurd today to schedule your consultation and take the first step toward permanent residency in the United States.
