EB-5 Minimum Investment Adjustment on January 1, 2027: What the Statute Requires

The EB-5 immigrant investor minimums of $1,050,000 and $800,000 have been fixed since 2022. The statute schedules their first automatic increase for January 1, 2027. Here is what the law actually says, what is still unknown, and how the date interacts with other EB-5 deadlines.

The current minimums

The EB-5 Reform and Integrity Act of 2022 (RIA) rewrote the investment amounts directly into the statute. Today the required investment is $1,050,000, or $800,000 when the investment is in a targeted employment area or a qualifying infrastructure project. A TEA is generally a rural area or an area with high unemployment. Investors must also show that the capital came from a lawful source and that the investment will create at least ten full-time jobs.

For a comparison with other investor routes, see our article on E-2 and EB-5 options for buying a business.

How the 2027 adjustment works

The statute is specific. Beginning January 1, 2027, and every five years after that, the $1,050,000 amount "shall automatically adjust" for petitions filed on or after the effective date of each adjustment. The adjustment is based on the cumulative change in the unadjusted Consumer Price Index for All Urban Consumers between January 1, 2022 and the date of adjustment, and the result is rounded down to the nearest $50,000. The reduced amount for TEAs and infrastructure projects is then set at 75 percent of the new standard amount. DHS must publish the updated figures through a technical amendment in the Federal Register.

Because the final figure depends on inflation data through the adjustment date, the exact new amounts are not yet official. Industry projections published in 2026 suggest the TEA amount could rise to roughly $900,000, but those are estimates, not law. This analysis of what the 2027 EB-5 increase means for investors facing I-526E delays discusses the financial impact in more detail.

Three dates that are easy to confuse

• September 30, 2026: the grandfathering date. If the Regional Center Program is not reauthorized when its current authorization ends, petitions filed on or before this date continue to be processed.
• January 1, 2027: the first automatic adjustment of the minimum investment, for petitions filed on or after the effective date.
• September 30, 2027: the end of the current Regional Center Program authorization, unless Congress extends it.

Planning considerations

An investor who wants the current amount generally needs a complete, properly documented petition filed before the adjustment takes effect. Rushing carries its own risk: incomplete source-of-funds evidence and weak project documentation are common reasons for requests for evidence and denials. Investors should evaluate project quality, job-creation methodology, and visa availability for their country of birth, not only the investment amount. Our general guide to evaluating real estate investment opportunities offers a useful checklist for due diligence on development projects.

Processing time is another factor. EB-5 investors face long waits at several stages, including the petition, adjustment of status and, two years later, removal of conditions. When a case exceeds normal processing times without explanation, federal court remedies may be considered; see this overview of Form I-829 delays in removing EB-5 conditions and our guide to USCIS processing times.

Other core EB-5 requirements

The investment amount is only one element. An EB-5 investor must place the capital "at risk" in a new commercial enterprise, show that the funds came from lawful sources, and demonstrate that the investment will create at least ten full-time jobs for qualifying U.S. workers. Investors who go through a regional center can count certain indirect jobs; direct investors generally must show jobs created within the enterprise itself. The source-of-funds documentation, which traces money from its origin to the investment, is often the most demanding part of the petition.

Conditional residence and Form I-829

An approved EB-5 investor first receives conditional permanent residence for two years. To remove the conditions, the investor files Form I-829 during the 90 days before the second anniversary of obtaining conditional residence (8 U.S.C. § 1186b), showing that the investment was sustained and the jobs were created. Missing that window can terminate status, so investors should calendar it from the day they become conditional residents.

Frequently Asked Questions

What will the new EB-5 minimum be?

The statute sets the formula but not the number. DHS must publish the adjusted amounts in the Federal Register. Projections exist, but none is official yet.

Does the increase affect petitions already filed?

The statute applies the adjusted amounts to petitions filed on or after the effective date of the adjustment.

Is the TEA amount still 75 percent of the standard amount?

Yes. After each adjustment, the TEA and infrastructure amount equals 75 percent of the adjusted standard amount.