Understanding EB-5 & What Lies Ahead: Trump’s Gold Card and Beyond

The EB-5 visa program offers foreign investors a direct path to U.S. permanent residency. It requires a qualifying investment in the U.S. economy and the creation of jobs for American workers. Introduced in 1990 by Congress, the program has evolved significantly, most recently through the EB-5 Reform and Integrity Act of 2022. This article explores the EB-5 visa program in depth, including eligibility, benefits, and how to file Form I-526—the essential petition for standalone investors.

What Is the EB-5 Visa Program?

The EB-5 visa program is a U.S. immigration initiative designed to stimulate economic growth. It does so by attracting foreign investment and generating jobs. Eligible foreign nationals can obtain a U.S. green card by investing in a new commercial enterprise and creating at least 10 full-time jobs for American workers.

This program offers a streamlined immigration route. While some political figures have proposed reforms or alternatives, including recently President Trump, changes to the EB-5 visa program can only be made through congressional action. As of now, the program is active and legally protected through September 30, 2027.

Key Reforms Under the EB-5 Reform and Integrity Act (RIA)

In 2022, the RIA introduced several changes to strengthen the EB-5 program. These reforms have made the EB-5 visa more attractive and secure for investors:

• Stricter Oversight: Regional centers and project developers are now subject to stricter regulation and mandatory USCIS site visits.

• Faster Processing: Priority processing applies to rural and high-unemployment area projects. In some cases, decisions arrive in six months or less.

• New Visa Set-Asides: Special visa categories now exist for investments in rural, high-unemployment, and infrastructure areas. These categories remain available even if general visa caps are reached.

These changes increase confidence in the EB-5 visa program and help ensure investor protections.

EB-5 Visa Requirements

To qualify for the EB-5 visa, applicants must meet two primary criteria: a minimum investment and job creation. The EB-5 visa minimum investment is based on the location of the new commercial enterprise (NCE).

• $800,000: If the investment is in a Targeted Employment Area (TEA), such as a rural region or one with high unemployment.

• $1,050,000: If the investment is in a non-TEA area.

Job creation is mandatory. The investment must create at least ten full-time jobs for U.S. citizens, lawful permanent residents, or other authorized workers. These jobs must be maintained for at least two years.

Investing Through EB-5 Regional Centers

One of the most popular options is investing through an EB-5 visa regional center. Regional centers are USCIS-approved entities that pool capital from multiple EB-5 investors. They direct those funds into development projects across the U.S.

Investing through a regional center offers several advantages:

• Indirect and induced jobs count toward the job creation requirement.

• Investors are not required to manage daily operations.

• Projects are often pre-approved and vetted for compliance.

Choosing a reputable regional center can simplify the process. That’s why working with qualified EB-5 visa lawyers is essential.

Key Benefits of the EB-5 Visa Program

The EB-5 visa program offers a host of benefits to investors and their families:

• Green Cards for Family: Spouses and unmarried children under 21 are eligible for an EB-5 visa green card.

• Work and Travel Authorization: Investors can apply for work and travel permits while their green card is pending.

• Adjustment of Status: Those already in the U.S. can apply to adjust their status, skipping consular processing.

• Flexible Source of Funds: Investors can use savings, loans, gifts, or inheritances if the funds are legally obtained and traceable.

• Child Protection: Children are protected from aging out if they file to adjust status before turning 21.

• Overcome Past Visa Denials: EB-5 is open to applicants who were previously denied nonimmigrant visas.

These benefits make the EB-5 program an excellent option for high-net-worth individuals and global entrepreneurs.

Understanding Form I-526

Filing Form I-526 is the first step in the EB-5 visa application process, which is one of the main work-based immigration pathways. This form is used by standalone investors—those not investing through a regional center. Those investing through a regional center must use Form I-526E instead.

Form I-526 proves that you have:

• Made or are in the process of making a qualifying investment

• Invested in a lawful business entity in the U.S.

• Met all job creation and location criteria

• Obtained the investment funds legally

The I-526 form filing fee must be included when submitting the form. You can check the current fee on the USCIS website. Failure to pay the correct fee can lead to rejection.

How to Complete Form I-526

Completing Form I-526 requires detailed information and documentation. Here's what you need to include:

• Biographic Data: Name, date of birth, country of origin, and contact details

• Spouse and Children: Their names, birth dates, and country of citizenship

• New Commercial Enterprise: Name, structure, and jurisdiction of formation

• Investment Type: Whether it’s in a TEA, rural area, or non-TEA

• Investment Breakdown: Total capital, dates of investment, and escrow details

• Source of Funds: Savings, loans, gifts, or inheritance with full documentation

• Employment Creation: Number of jobs created and business plans

Using experienced EB-5 visa lawyers ensures your application is complete and properly filed.

Evidence and Documentation Requirements

Supporting evidence is crucial for Form I-526. Required documents include:

• Articles of incorporation or partnership agreements

• Bank statements showing capital transfer

• Payroll and tax records for employees

• Contracts, promissory notes, or deeds for asset transfers

• Evidence of a lawful source of funds (tax returns, inheritance documents, loan contracts)

Note: All documents in a foreign language must be translated into English by a certified translator.

I-526 Processing Time and What to Expect

The I-526 processing time varies based on workload, nationality, and investment type. On average, processing takes 12 to 24 months. However, projects in rural or high-unemployment areas may receive expedited processing under the RIA, sometimes in as little as six months.

After filing, you may be scheduled for:

• A biometric appointment

• An interview at a USCIS office

• Requests for Evidence (RFEs) if anything is missing or unclear

Your EB-5 lawyer can help you respond to any requests and monitor your case status.

What Happens After Form I-526 Is Approved?

Once Form I-526 is approved, investors can move to the next stage:

• If outside the U.S., apply for an immigrant visa at a U.S. consulate

• If inside the U.S., file Form I-485 for adjustment of status. Check out our full guide about everything you need to know about the I-485 form.

In both cases, successful applicants receive conditional permanent residency valid for two years. After two years, they must file Form I-829 to remove the conditions and receive a full green card.

Timing Your Investment: Why Act Now

The EB-5 visa program is currently authorized through September 30, 2027. However, to receive protections under the current rules, it is best to file before September 30, 2026. Early filing ensures you are processed under existing regulations, even if the law changes later.

Given potential political shifts and economic changes, the time to act is now. Processing times, investment thresholds, and regional center approvals could all shift in the future. And that’s without mentioning the push from President Trump to terminate the EB-5 program altogether, and instead establish a “gold card” visa.

Choosing the Right EB-5 Lawyers

Our team is well-equipped to efficiently guide investors through the EB-5 process, supported by highly qualified professionals, including CPA and CFA-certified financiers. Their expertise ensures our clients receive comprehensive financial and investment guidance throughout their EB-5 journey.

Frequently Asked Questions (FAQ) About the EB-5 Visa Program

1. What role do EB-5 visa lawyers play in the application process?

EB-5 visa lawyers are essential in guiding investors through the complex legal and documentation requirements of the EB-5 program. They help prepare petitions, ensure compliance with immigration laws, trace the lawful source of investment funds, and communicate with USCIS on behalf of the investor. A qualified EB-5 lawyer can significantly reduce errors and delays.

2. How can I choose the right EB-5 lawyer or EB-5 visa attorney?

When selecting an EB-5 lawyer or EB-5 visa attorney, look for professionals with a strong track record in EB-5 cases, experience working with regional centers, and a deep understanding of U.S. immigration and securities law. It’s also important to ensure the attorney is a member of the American Immigration Lawyers Association (AILA) and can offer transparent fee structures.

3. Can the EB-5 investment amount change in the future?

Yes, the EB-5 investment amount is subject to change based on legislation or regulatory updates. Currently, the EB-5 visa minimum investment is $800,000 for Targeted Employment Areas and $1,050,000 elsewhere. However, policy changes or inflation adjustments could impact future thresholds, making early investment beneficial.

4. What happens if my EB-5 visa application is delayed?

While the EB-5 visa processing time has improved for certain project types under the Reform and Integrity Act, delays can still occur due to high demand, incomplete documentation, or administrative backlogs. Working with experienced EB-5 visa attorneys can help avoid common pitfalls and track the status of your petition effectively.

5. Is the EB-5 visa green card permanent?

Yes, the EB-5 visa green card grants permanent resident status, but it starts with a two-year conditional green card. After meeting the EB-5 visa requirements, including job creation, investors can apply to remove conditions and receive a 10-year renewable green card.

6. What types of projects are eligible under an EB-5 visa regional center?

A qualified EB-5 visa regional center may direct investor funds into a wide range of development projects, including infrastructure, commercial real estate, healthcare, and tourism. These projects must meet USCIS criteria and demonstrate their potential for job creation, making them ideal for meeting the EB-5 program objectives.

7. Can I file both Form I-526 and Form I-526E?

No. You must choose one based on your investment type. File Form I-526 if you’re a standalone investor. Use Form I-526E if you’re investing through a regional center.

8. Can I switch from a standalone investment to a regional center project after filing Form I-526?

Generally, no. Switching investment types after filing could result in denial. You may need to withdraw your original petition and refile using the correct form.

9. Are premium processing options available for Form I-526 or I-526E?

Not currently. USCIS does not offer premium processing for these forms. However, rural and high-unemployment area investments may qualify for priority processing.

10. What happens if a regional center loses USCIS approval after I file Form I-526E?

Your petition could be affected. It’s critical to choose a stable, reputable regional center. An experienced EB-5 visa attorney can help you assess project risk.

11. Is a biometric appointment required for Form I-526 and I-526E filers?

Yes. All applicants must attend a biometric services appointment. This includes fingerprinting, a photo, and signing an oath to confirm the application’s accuracy.

Is the EB-5 Program Right for You?

The EB-5 visa program remains one of the most reliable paths to U.S. residency for investors. With benefits like fast-track green cards, work permits, and family coverage, it’s a top choice for many. However, success depends on careful planning, legal compliance, and strategic investment. Filing form I-526 correctly is a critical first step. That’s why partnering with an experienced EB-5 lawyer is not just helpful—it’s essential.

If you're considering the EB-5 program, act now. The opportunity to secure your future and your family’s future in the U.S. has never been more within reach.