What does USCIS require to prove EB-5 source of funds?

The petition must show that the investment, and the fees paid alongside it, came from a lawful source through lawful means. A one-page letter from an accountant stating that the investor is wealthy does not meet that standard. Source of funds is two exercises that must reconcile: where the money was earned, and how it traveled.

Can I use a loan to fund an EB-5 investment?

Yes. Borrowed funds can qualify as the investor's cash, as the D.C. Circuit confirmed in Huashan Zhang v. USCIS, 978 F.3d 1314 (2020). Borrowing to invest is different from lending money to the new commercial enterprise, which is not qualifying capital. The record should include the loan agreement, the lender's identity and, where the loan is secured, the collateral documents.

Can an EB-5 investment come with a guaranteed return?

No. EB-5 capital must be at risk for the purpose of generating a return, and a guaranteed rate of return or guaranteed repayment of the invested capital disqualifies it. Ordinary, non-guaranteed distributions and projected returns are permitted.

Does USCIS approval of an EB-5 project mean the investment is safe?

No. An approved Form I-956F means USCIS has reviewed the project's eligibility; it does not mean USCIS has endorsed the investment. Ask whether the I-956F is filed, pending or approved, and ask to see the approval notice if one exists. The financial outcome depends on how the project performs and on the investment terms.

How do I check whether an EB-5 regional center is in good standing?

Start by checking three things: that the regional center's designation is current, that it has filed its annual statements on Form I-956G, and that it has paid its annual EB-5 Integrity Fund fee. A center that falls behind on compliance can face termination of its designation, which can create problems for its investors.

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Short answer

How much do I need to invest for EB-5, and how long does it take?

Under the EB-5 Reform and Integrity Act of 2022, the minimum EB-5 investment is $800,000 in a targeted employment area or infrastructure project and $1,050,000 everywhere else, and each investment must create at least 10 full-time jobs for qualifying workers. Those amounts adjust for inflation on January 1, 2027 for petitions filed on or after that date, and the total timeline depends on USCIS processing and, for some countries, on visa availability in the monthly Visa Bulletin.

Accurate as of September 29, 2026 | From EB-5 in 2026: $800,000 vs $1,050,000, Job Creation, and Processing Times

Primary sources

What currently applies

How much is the Form I-526E filing fee after November 30, 2026?
The listed Form I-526E fee becomes $7,850, including the technology fee, up from $3,675, for filings postmarked on or after November 30, 2026. Regional center investors also pay a separate $1,100 charge in addition to the petition fee. Budget for the total government charges, not the listed fee alone.
Is the new EB-5 fee based on the postmark date or the receipt date?
For the fee change, the postmark. Packages postmarked on or after November 30, 2026 must include the new fees; those postmarked earlier pay the current fees. The postmark rule governs the fee transition only; the January 1, 2027 investment adjustment and other requirements run on their own terms.
Accurate as of September 30, 2026 | From EB-5 Fees More Than Double on November 30. The Binding Deadline Is No Longer January 1.
Primary sources
- U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule, 91 FR 61940 (Sept. 30, 2026), DHS Docket No. USCIS-2025-0139, CIS No. 2846-26, RIN 1615-AC93, final rule, effective November 30, 2026. Fee figures taken from Table 1 of the rule.
- 8 U.S.C. 1153(b)(5), subparagraph (C) for the capital amounts and the January 1, 2027 inflation adjustment, subparagraph (J) for the EB-5 Integrity Fund.
- USCIS filing fees, uscis.gov/forms/filing-fees, to confirm the fee and the form edition on the day of filing.
When does the EB-5 minimum investment go up?
On January 1, 2027. The minimum has been $1,050,000, or $800,000 in a targeted employment area or infrastructure project, since the Reform and Integrity Act of 2022. On that date the amounts change for the first time, automatically by operation of statute, and they adjust every five years thereafter.
Does the higher EB-5 amount apply if I invested before January 1, 2027?
It depends on the filing date, not the investment date. The adjusted amount applies to petitions filed on or after the effective date. Wiring or escrowing funds alone does not lock in the current amount; the petition's filing date does. A petition rushed to beat the deadline on a project that has not been diligenced puts both the investment and the immigration benefit at risk.
Accurate as of September 2, 2026 | From EB-5's First Inflation Adjustment Lands January 1, 2027. The Trigger Is Your Filing Date.
Primary sources

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Frequently asked questions

What does USCIS require to prove EB-5 source of funds?
The petition must show that the investment, and the fees paid alongside it, came from a lawful source through lawful means. A one-page letter from an accountant stating that the investor is wealthy does not meet that standard. Source of funds is two exercises that must reconcile: where the money was earned, and how it traveled.
Accurate as of September 17, 2026 | From Source of Funds Is an Audit, Not a Letter. Build the Paper Trail Before You Wire.
Can I use a loan to fund an EB-5 investment?
Yes. Borrowed funds can qualify as the investor's cash, as the D.C. Circuit confirmed in Huashan Zhang v. USCIS, 978 F.3d 1314 (2020). Borrowing to invest is different from lending money to the new commercial enterprise, which is not qualifying capital. The record should include the loan agreement, the lender's identity and, where the loan is secured, the collateral documents.
Accurate as of September 17, 2026 | From Source of Funds Is an Audit, Not a Letter. Build the Paper Trail Before You Wire.
Can an EB-5 investment come with a guaranteed return?
No. EB-5 capital must be at risk for the purpose of generating a return, and a guaranteed rate of return or guaranteed repayment of the invested capital disqualifies it. Ordinary, non-guaranteed distributions and projected returns are permitted.
Accurate as of October 5, 2026 | From Guaranteed Returns Are Not an EB-5 Feature. They Are a Denial.
Does USCIS approval of an EB-5 project mean the investment is safe?
No. An approved Form I-956F means USCIS has reviewed the project's eligibility; it does not mean USCIS has endorsed the investment. Ask whether the I-956F is filed, pending or approved, and ask to see the approval notice if one exists. The financial outcome depends on how the project performs and on the investment terms.
Accurate as of October 5, 2026 | From Nine Questions to Ask a Regional Center Before You Wire $800,000
How do I check whether an EB-5 regional center is in good standing?
Start by checking three things: that the regional center's designation is current, that it has filed its annual statements on Form I-956G, and that it has paid its annual EB-5 Integrity Fund fee. A center that falls behind on compliance can face termination of its designation, which can create problems for its investors.
Accurate as of October 5, 2026 | From Nine Questions to Ask a Regional Center Before You Wire $800,000

This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Immigration law and agency policy change frequently; the analysis above reflects our understanding as of the date noted. Readers should consult counsel regarding their specific circumstances.

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