Costs, Requirements, and Return of Capital
For many foreign professionals and their families who have done well in the United States, the challenge is to transition from the life they have built in America to the ability to stay in America.
For qualified investors, an option for doing so is the EB-5 program.
EB-5 gets oversimplified as simply an investment program: throw away $800,000, and you get a Green Card. This is not an accurate characterization of the program.
The $800,000 is not a government fee or the cost of immigration; it is qualifying investment capital that must be at risk in an eligible investment, derived from lawful sources, satisfying the job-creation requirements of the program, and subject to investment risk.
So, what does the oft-cited $800,000 EB-5 investment actually mean — and what does it not include?
The Short Answer
As of September 2026, the standard EB-5 minimum investment in a qualifying investment in a Targeted Employment Area (rural or high-unemployment) or qualifying infrastructure project is $1,050,000. The reduced minimum is $800,000. The $800,000 is investment capital and not the cost of pursuing EB-5, and neither immigration approval nor return of capital is guaranteed.
Is the EB-5 Investment $800,000 or $1,050,000?
Under the current statutory framework governing the EB-5 program, the required investment amount depends on the type and location of the qualifying investment.
$800,000: qualifying investments in a Targeted Employment Area (TEA), either rural or high-unemployment, or qualifying infrastructure projects;
$1,050,000: the standard minimum investment for qualifying investments not eligible for the reduced investment amount.
The $800,000 threshold is not a discounted price for a Green Card; it is the reduced minimum investment amount established by Congress for qualifying TEA and infrastructure investments.
Important 2027 Update
The current statutory investment thresholds are scheduled to adjust for inflation on January 1, 2027, and every five years thereafter. Per the statute, the standard amount will be adjusted according to inflation, and the reduced amount will be set at 75% of the adjusted standard amount, with the adjusted amounts published by the Department of Homeland Security.
Investors considering filing an EB-5 petition in 2027 should confirm the minimum investment amount applicable to the filing date rather than using the current $800,000 threshold.
Does the $800,000 Include the EB-5 Fees?
No — the $800,000 is the amount of a qualifying investment in a Targeted Employment Area or qualifying infrastructure project. The $800,000 is investment capital and not the all-in cost of pursuing the EB-5 program.
Depending on the offering and the circumstances of the investor, additional costs potentially associated with an EB-5 investment may include:
Regional Center or offering administrative fees;
USCIS filing fees;
Immigration attorney fees;
Adjustment-of-status or consular-processing costs;
Translation, source-of-funds, tax, accounting, or other professional expenses; and
Other fees disclosed in the applicable offering documents.
The amounts vary depending on the offering and the investor. A prospective investor should understand the investment amount as well as the additional fees in the context of the particular offering and the investor’s circumstances before determining the amount of liquidity necessary to pursue the investment.
What Must the $800,000 Investment Accomplish?
The investment amount is just one component of the EB-5 program. A qualifying investment must also satisfy the job-creation requirements of the program.
In general, an EB-5 investor must be associated with the creation of at least 10 full-time positions for qualifying employees. An investment in a Regional Center may be eligible for indirect jobs created using a permissible indirect-job methodology.
That is why the specifics of a proposed project matter: investors should be able to understand what the projected jobs would be and how many are being created vis-à-vis the number of jobs required for all EB-5 investors. A cushion of projected jobs can help accommodate changes in circumstances.
Is the $800,000 EB-5 Investment Refundable or Guaranteed?
The $800,000 is not a fee paid to the government or a purchase price for immigration; it is an at-risk investment.
An EB-5 investment therefore cannot simply guarantee the investor a right to the return of the investor’s capital, irrespective of the performance of the investment.
An EB-5 investment can have protections built into the investment, such as collateral, loan covenants, completion guaranties, repayment guaranties, or other repayment strategy. Provisions in an EB-5 offering should be evaluated carefully within the context of an actual offering and loan documents, as they do not necessarily make an investment risk-free or guarantee the return of capital on any specific date.
If the project performs successfully and applicable provisions permit, investor capital may be returned. The timing and amount of any such return of capital would depend on the terms of the offering documents and the performance of the project, as well as the applicable requirements of the EB-5 program.
Where Can the $800,000 Come From?
A necessary but often overlooked aspect of an EB-5 investment is the source of the invested capital.
Depending on the circumstances of the investor and applicable requirements, qualifying investments may potentially be made from any of the following:
- Accumulated employment earnings;
- Business income or distributions;
- Investment or securities proceeds;
- Sale of real estate or other assets;
- Inheritance;
- Bona fide gifts;
- Qualifying loan proceeds; and
In appropriate circumstances, eligible retirement assets through a properly structured Self-Directed IRA (SDIRA).
Having the $800,000 is not enough — the investor must be able to document the lawful source of the invested capital and the chain of its transfer into the EB-5 investment. Documents potentially needed to demonstrate the source and transfer of capital may include tax returns, bank statements, employment records, sale agreements, business records, gift documentation, loan records, retirement-account records, and other supporting documentation, depending on the source of the invested capital.
This is a key consideration for a prospective investor: consulting with experienced EB-5 immigration counsel early in the investment process can help ensure that the movement of funds does not complicate the source-and-ownership analysis for tax or immigration purposes.
Does One $800,000 EB-5 Investment Cover a Spouse and Children?
Potentially, yes — the spouse of the principal investor and any qualifying unmarried children of the principal investor who are under age 21 generally have the ability to immigrate as derivative beneficiaries without making a separate investment.
For many families, the ability to cover multiple qualifying family members with a single investment is a key consideration in the investment and immigration calculus.
Age is a potentially pivotal consideration if a child is nearing age 21. The Child Status Protection Act may protect some children from aging out, but families should consult with immigration counsel to confirm that a filing before the child reaches age 21 will address the immigration needs of the child. No family should assume that a child will automatically qualify simply because he or she will turn 21 shortly after the investor files the EB-5 petition.
Why Are Rural and Other EB-5 Set-Aside Categories Getting So Much Attention?
The EB-5 Reform and Integrity Act created reserved EB-5 visa allocations for certain categories of investment, including:
20% of annual EB-5 visas are reserved for qualifying rural investments;
10% are reserved for qualifying high-unemployment investments; and
2% are reserved for qualifying infrastructure investments.
As of the September 2026 Department of State Visa Bulletin, all three EB-5 set-aside categories are current for all chargeability areas shown, including India and mainland China. Visa availability can fluctuate, so investors should always consult the current Visa Bulletin when timing a filing.
The law also provides for priority processing of qualifying rural EB-5 petitions. These considerations can be important to families, especially those who are considering other employment-based categories of immigration with potentially very long waiting periods, but should not replace the investment due diligence.
What Happens After You Invest?
The EB-5 process involves a multi-step immigration and investment procedure.
For a Regional Center investor, the process begins with the making of a qualifying investment and the filing of Form I-526E, Immigrant Petition by Alien Entrepreneur. If an immigrant visa is immediately available, and the investor otherwise qualifies, an investor in the United States may, in some circumstances, be eligible to file Form I-485, Application to Adjust Status. Investors outside the United States generally pursue immigrant-visa processing when they become eligible.
After obtaining conditional permanent residence, the investor generally must file Form I-829, Petition by Entrepreneur to Remove Conditions, during the applicable period to request the removal of the conditions and demonstrate that the EB-5 requirements have been satisfied. Investors should always work with immigration counsel, as visa availability, filing eligibility, and other considerations can significantly impact timing.
The Same $800,000 Can Represent Very Different Investment Risk
After an investor determines that the EB-5 program could work for his or her immigration needs, the next consideration is the investment — and the risk associated with it.
An investor making one $800,000 investment cannot assume that another $800,000 investment will be the same. An investor should consider separately analyzing the following with respect to any investment:
Developer experience and commitment;
Developer equity;
The stack position of EB-5 capital;
Collateral, guaranties, and other protections;
The cushion of jobs created;
Market demand and construction risk; and
The expected source and timing of repayment of the investment.
These are investment considerations, not just immigration considerations. Immigration compliance and due diligence should be undertaken independently and then evaluated together.
Where Paragon Capital Group Comes In
Paragon Capital Group specializes in EB-5 opportunities involving U.S. real estate and development, with a focus on evaluating the project, developer, financing structure, jobs created, collateral, and investor protections prior to the commitment of capital.
The goal is not simply to identify an investment with an “EB-5” label; it is to ensure that a prospective investor understands what is behind the investment — the EB-5-specific requirements, the U.S. real estate or business involved, the financing structure, the jobs, and the risks.
Because when an investor is considering a $800,000 investment and making a decision that will affect the future of a family in the United States, the immigration and investment considerations must be viewed together.
Frequently Asked Questions About the $800,000 EB-5 Investment
Is the EB-5 investment always $800,000?
No. As of September 2026, $800,000 is the reduced minimum for qualifying TEA and infrastructure investments. The standard minimum is $1,050,000.
Does the $800,000 include regional center and legal fees?
No — the amount of a qualifying investment is not the all-in cost of an EB-5 investment. The investment amount is separate from administrative fees, USCIS filing fees, immigration attorney fees, and other professional or processing costs.
Can I get my $800,000 EB-5 investment back?
Potentially. Since an EB-5 investment is an at-risk investment, the return of capital cannot be guaranteed. The return of capital depends on the offering terms, the performance of the project, the applicable requirements of the EB-5 program, and other factors.
Can my spouse and children receive Green Cards from one EB-5 investment?
The spouse of the principal investor and any qualifying unmarried children of the principal investor who are under age 21 generally have the ability to immigrate as derivative beneficiaries without making a separate investment, subject to individual eligibility and age-out rules.
Can gifted, borrowed, or retirement funds be used for EB-5?
Potentially, subject to the requirements of the investment and the ability to document the lawful source and transfer of the invested capital. Investors should consult with immigration, tax, and other qualified advisers before proceeding with any investment.
Will the $800,000 EB-5 minimum change in 2027?
Yes. The current statutory minimum investment amounts are scheduled to adjust for inflation on January 1, 2027. Investors should confirm the applicable minimum investment amount on the date of any filing, rather than using the current $800,000 minimum investment amount.
Final Thoughts
The most important thing to understand about the $800,000 investment in the EB-5 program is that it is not the price of a Green Card.
It is investment capital in a qualifying U.S. commercial enterprise. The investor makes the investment with funds having a lawful source, satisfies the applicable requirements of the program, creates the required jobs, and completes the multi-step immigration process. Immigration approval is not guaranteed, nor is the return of capital.
Additional fees should be budgeted separately, the investment analyzed carefully, and the immigration strategy coordinated with qualified independent immigration counsel.
For qualified investors, the EB-5 program can offer a path to permanent residence that is not tied to a specific employer or specialty. Understanding what the $800,000 investment actually represents is the first step to determining whether an EB-5 investment is right for your family.
Next step: Speak with a Paragon EB-5 professional about current investment opportunities and coordinate your immigration strategy with qualified independent immigration counsel.