Latest requirements and procedures to immigrate to the US under EB5 in 2026

To immigrate to the US under EB5 is currently the primary official residency pathway for families seeking stability in the United States without being bound by language or professional qualifications. However, changes from the RIA 2022 Act have directly impacted petition preparation and actual processing times. From the $800,000 investment threshold to job surplus regulations, every detail in the 2026 procedures plays a decisive role in securing a permanent Green Card for the entire family.

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Basic requirements for individuals and families to immigrate to the US under EB5

The EB-5 program does not impose strict requirements on education, age, or language proficiency. However, to successfully immigrate to the US under EB5, investors must meet the following three core conditions:

Financial capacity and investment capital level

The investment amount varies depending on the project's location:

• $800,000: Applies to projects located in a TEA (Targeted Employment Area) or a Rural area.

• $1,050,000: Applies to projects located outside priority areas. Currently, most Vietnamese investors prioritize the $800,000 level to optimize capital flow.

Immigrate to the US under EB5

Proving legal source of funds

This is the most important "test" from the U.S. Citizenship and Immigration Services (USCIS). You must prove that the $800,000 has a clear origin, such as:

• Income from business activities, salary, or bonuses.

• Profits from the sale or lease of real estate.

• Assets received through legal gifts or inheritance.

• Loans secured by collateral assets.

Job creation requirement

The purpose of the EB-5 program is to stimulate the U.S. economy. Therefore, your investment must prove the creation of at least 10 full-time jobs for U.S. workers for at least 2 years. This is a prerequisite for converting from a conditional Green Card to a permanent Green Card.

Immigrate to the US under EB5

>>>> See more: Latest Roadmap and Rural EB-5 Processing Time

Procedures and documentation required to immigrate to the US under EB5

The process of preparing a petition to immigrate to the US under EB5 requires meticulousness and close coordination between the investor, consulting unit, and immigration attorney. The main procedural steps include:

Personal documentation stage

Investors need to gather identity documents (passport, birth certificate, marriage certificate) and, most importantly, financial records. Financial files must be translated, notarized, and appraised by an attorney to ensure logic and transparency before being sent to the U.S.

Project selection and fund transfer

Once a suitable project is chosen, the investor signs investment agreements and transfers funds to an escrow account. This money is held securely and only disbursed to the project when the immigration file reaches specific milestones as defined in the contract.

Immigrate to the US under EB5

Filing Form I-526E with USCIS

The attorney will file Form I-526E (Immigrant Petition by Regional Center Investor). This is the official milestone establishing your participation in the program. Since 2022, if you are in the U.S. on other visa types (such as F-1 or L-1), you can concurrently file Form I-485 to adjust your status on the spot without returning to Vietnam to wait.

>>>> See more: Safe EB-5 Project List 2026: International Standard Due Diligence Criteria

Expected timeline to receive a U.S. Green Card

The time required to immigrate to the US under EB5 has been significantly shortened for priority categories. A typical 2026 roadmap usually unfolds as follows:

– I-526E petition review: For Rural or priority TEA categories, processing times currently range from 12 to 18 months. Standard categories may take longer.

– Receiving conditional green card (2 years): After the I-526E is approved, the investor interviews at the Consulate or files an adjustment of status to receive a temporary Green Card. At this point, the entire family can move to the U.S. to live, work, and study.

– Removal of conditions (form I-829): 90 days before the 2-year Green Card expires, the investor files Form I-829. Once approved, you will receive a permanent Green Card (10 years) and have the opportunity to apply for U.S. citizenship thereafter.

Immigrate to the US under EB5

Emmaus Village: The optimal solution for the journey to immigrate to the US under EB5

The Emmaus Village project in Texas is designed to address the biggest concerns of investors regarding procedures and immigration safety.

Transparent legality with Form I-956F

Emmaus Village is a project with a thoroughly prepared legal structure. The project's filing of Form I-956F allows USCIS to pre-approve the business plan, which helps the individual I-526E petitions of investors be reviewed more favorably and quickly.

Immigrate to the US under EB5

TEA area with $800,000 capital level

Located in Waller County, the project meets high-unemployment TEA standards. This allows investors to immigrate to the US under EB5 with the lowest capital level required by law while benefiting from visa quota policies reserved for priority areas, avoiding long wait times.

Job surplus guaranteeing permanent Green Cards

With a nursing center and resort model, Emmaus Village is expected to create a job surplus of up to 25% (approximately 440 jobs for 35 investors). This is a "golden" figure that ensures the condition removal procedure (I-829) proceeds smoothly, eliminating the risk of rejection due to a shortage in job creation metrics.

Immigrate to the US under EB5

>>>> See more: EB-5 Investment Roadmap for U.S. Residency with Emmaus Village

Important notes for a successful journey to immigrate to the US under EB5

2026 is an important transition period; investors should pay special attention to the following:

» Grandfathering protection milestone (September 30, 2026): This is a critical deadline. Investors who file before this date will be protected by current laws, even if the program undergoes major changes later. Filing early is the best way to manage policy risk.

» Check project realism: Instead of relying on promises, look at actual progress. Emmaus Village has completed land fund procedures and is deploying infrastructure, which is evidence of a "live" project.

» Choose a reputable consultant: A unit well-versed in immigration law and experienced in source-of-funds appraisal will help your file avoid Requests for Evidence (RFE) from USCIS, saving time and costs.

Immigrate to the US under EB5

Receive detailed consultation on a safe EB5 roadmap

The journey to immigrate to the US under EB5 in 2026 requires an understanding of new laws and the selection of a project with a solid foundation. With an $800,000 investment in a TEA project like Emmaus Village, your family's American dream can become a reality with a clear and safe roadmap.

To receive a detailed document checklist and 1-on-1 consultation on how to prove legal source of funds, contact Emmaus Village today. We are committed to providing honest, objective information to accompany you on the path to conquering the U.S. Green Card.