Intel
USA EB-5 Visa 2026: $800K Green Card | Rural Fast Lane 12-18 Months
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2026 CRITICAL: Rural FAST LANE 12-18 Months + Sept 30 Grandfathering Deadline

Rural TEA priority processing 12-18 months (fastest ever). Reserved Categories CURRENT (China/India window). Filing fees volatile $3,675 now (expecting $9K+ final 2026). Concurrent Filing 3-6 months work permit. File by Sept 30 2026 for grandfathering protection.

USA EB-5 GREEN CARD 2026

$800K Rural TEA OR $1.05M Standard. Rural FAST LANE 12-18 months (priority processing). Reserved Categories CURRENT (no China/India backlog). Concurrent Filing 3-6 months work permit. Authorized through Sept 2027.

$800K Rural TEA
12-18 MO Rural Fast Lane
CURRENT Reserved Categories

AT A GLANCE (2026)

Rural Processing 12-18 months
Concurrent Filing EAD 3-6 months
Filing Fee (Current) $3,675 (volatile)
Grandfathering Deadline Sept 30, 2026

EB-5 2026 QUICK FACTS

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Program Status Authorized through September 2027 (stable)
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Investment Amount $800K Rural TEA OR $1.05M Standard
Rural Fast Lane (2026) 12-18 months approval (priority processing)
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Reserved Categories CURRENT (no China/India backlog - critical window)
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Concurrent Filing 3-6 months work/travel permit (if in USA)
Sustainment Period 2 years minimum (capital return possible before permanent green card)

🗽 2026 GOLD STANDARD: RURAL TEA + CONCURRENT FILING

Rural TEA Regional Center with Concurrent Filing is THE optimal EB-5 strategy for 2026, especially China/India nationals and those already in USA on H-1B/F-1. RURAL FAST LANE: 12-18 months I-526E approval (sometimes faster) - priority processing makes rural TEA the FASTEST route to green card ever in EB-5 history. RESERVED CATEGORIES CURRENT (Feb 2026): Rural/High-Unemployment/Infrastructure set-asides have NO BACKLOG for all countries including China and India - critical window to skip decades-long waits of other visa categories. CONCURRENT FILING BENEFIT (if already in USA): File I-485 Adjustment of Status simultaneously with I-526E → receive Employment Authorization Document (EAD) + Travel Document in 3-6 months, allowing free living/working in USA while investment processes. SUSTAINMENT CLARIFIED: Capital must remain invested minimum 2 years (potentially shorter than full immigration process) - possible to get capital back BEFORE permanent green card depending on project exit strategy. GRANDFATHERING DEADLINE September 30, 2026: Investors filing before this date protected against future law changes if program lapses/reforms. $800K investment (lowest tier) + typically $100K-$150K fees = ~$900K-$950K total all-in. Authorized through September 2027 (stable currently). THIS IS THE GOLDEN MOMENT for Rural EB-5 - faster processing + no backlog + work authorization quickly if already in USA.

2026 EB-5 IMMIGRANT INVESTOR PROGRAM

Direct path to US green card through $800K+ investment

EB-5 provides direct path to US green card (permanent residency) through investment. Established 1990, this is the ONLY investor pathway to US permanent status leading to citizenship. Unlike temporary work visas (H-1B, L-1), EB-5 grants permanent residency from approval. Conditional green card initially (2 years), then remove conditions → permanent green card. After 5 years total as permanent resident → eligible for US citizenship (most powerful passport globally, 186 visa-free countries).

2026 CRITICAL UPDATES: (1) Rural TEA FAST LANE: 12-18 months I-526E approval (priority processing - FASTEST EB-5 processing ever), (2) Reserved Categories CURRENT (Feb 2026 Visa Bulletin): Rural/High-Unemployment/Infrastructure set-asides available ALL countries including China/India with NO BACKLOG (critical window to skip decades-long unreserved category waits), (3) Concurrent Filing benefit: If already in USA (H-1B, F-1, etc.), file I-485 Adjustment of Status simultaneously with I-526E → receive Employment Authorization Document (EAD) + Travel Document in 3-6 months (work/live freely while investment processes), (4) Sustainment period clarified: Capital must remain invested minimum 2 years (potentially get capital back BEFORE permanent green card depending on project exit), (5) Filing fees VOLATILE: Currently $3,675 I-526E (late 2025 court battle reverted from $11,160 attempt), but new final rule expected 2026 settling near $9,000+ (verify exact fee with attorney before filing), (6) Grandfathering deadline September 30, 2026: Investors filing before this date protected against future law changes if program lapses/reforms.

Two investment tiers: $800,000 Rural Targeted Employment Area (TEA) with priority processing + visa set-asides (RECOMMENDED 2026) OR $1.05 million Standard (non-TEA, urban). Must create/preserve 10 full-time US jobs for 2+ years. Two pathways: Regional Center (90% choose - pool capital, professional management, indirect job counting allowed) OR Direct investment (10% - own/manage business, direct jobs only, higher complexity). Program authorized through September 2027 (currently stable). Investment at-risk for 5-7 years typical (return not guaranteed, job creation requirement must succeed). World's largest economy access: USA $27T GDP, premier universities, English language, unrestricted living/working anywhere. Dual citizenship allowed.

2026 EB-5 INVESTMENT ROUTES

Two investment amounts (Rural FAST LANE recommended)

2026 GOLD STANDARD

RURAL TEA REGIONAL CENTER

$800K

FAST LANE 12-18 months + Reserved Category CURRENT

  • $800,000 minimum investment (lowest EB-5 tier)
  • Rural Targeted Employment Area (TEA) - counties <20K population
  • PRIORITY PROCESSING 2026: 12-18 months I-526E approval (FAST LANE - sometimes faster, fastest EB-5 processing ever)
  • Reserved Category CURRENT (Feb 2026): NO BACKLOG all countries including China/India (critical window to skip decades-long unreserved waits)
  • Visa set-aside: 32% annual EB-5 visas (~3,200 annually dedicated to rural)
  • Regional Center pathway (USCIS-approved entity pools investor capital)
  • Indirect job creation counts (easier to meet 10-job requirement - jobs can be induced/indirect from project economic impact)
  • Professional project management (Regional Center handles operations)
  • Passive investment (don't manage day-to-day business)
  • Concurrent Filing eligible if in USA (3-6 months work/travel permit)
  • Most popular route (90% choose Regional Center, Rural TEA optimal within that)

STANDARD/URBAN REGIONAL CENTER

$1.05M

Higher amount - slower processing (3-5+ years)

  • $1,050,000 minimum investment ($250K more than rural)
  • Non-TEA areas (cities, urban locations - NYC, LA, Miami, etc.)
  • SLOWER processing 2026: 3-5+ years typical (no priority, general pool)
  • China/India nationals: Face backlogs in unreserved category (often waiting 3-5+ years AFTER approval for visa availability)
  • No dedicated visa set-aside (unlike rural)
  • Same Regional Center pathway (professional management, passive)
  • Indirect job creation counts
  • Concurrent Filing eligible if in USA
  • Good for: Those specifically wanting urban project location AND willing to pay $250K more + wait longer
  • Same green card outcome as rural (no advantage despite higher cost/longer wait)

DIRECT INVESTMENT (Either Tier)

$800K/$1.05M

Own/operate business - hands-on (10% choose)

  • $800K rural TEA OR $1.05M standard (same amounts as Regional Center)
  • Direct investment in NEW or EXISTING US business
  • Must actively manage/be involved in business operations
  • Create 10 DIRECT full-time jobs (employees working for YOUR business - cannot count indirect/induced)
  • Stricter job creation requirement than Regional Center
  • Only 10% of EB-5 investors choose this route
  • Higher complexity (business management, hiring, compliance, operational risk)
  • Good for: Experienced entrepreneurs wanting operational control, comfortable with US business environment
  • Rural direct investment can access Rural set-aside benefits (priority processing if structured properly)
  • Concurrent Filing eligible if in USA

⚠️ 2026 CRITICAL: FILING FEE VOLATILITY + GRANDFATHERING DEADLINE

I-526E FILING FEE CURRENTLY VOLATILE - VERIFY BEFORE FILING:

  • 2024: USCIS attempted to raise I-526E petition fee to $11,160 (from historical ~$3,675)
  • Late 2025: Court battles resulted in fees temporarily REVERTING to ~$3,675
  • Current February 2026: Fee is $3,675 (reverted rate) BUT this is TEMPORARY
  • Expected 2026: New final rule anticipated settling fees near $9,000+ (middle ground between $3,675 and $11,160)
  • CRITICAL ACTION: Verify exact current USCIS I-526E fee with your immigration attorney before filing - could save/cost you $5,000-$7,000+ depending on exact week you file
  • Fee volatility created by regulatory uncertainty post-court challenges

SEPTEMBER 30, 2026 GRANDFATHERING DEADLINE:

  • EB-5 program authorized through September 30, 2027 (currently stable)
  • Investors filing I-526E BEFORE September 30, 2026 protected against future law changes
  • Grandfathering protection means: If program lapses, reforms, or changes rules after Sept 30 2026, your petition processed under 2026 rules (locked in)
  • Filing deadline important for long-term certainty (EB-5 has history of lapses/reauthorizations)
  • Recommendation: File well BEFORE September 30, 2026 to ensure protection

Bottom Line: Check filing fee immediately with attorney (volatile $3,675-$9K+ range currently). File before Sept 30 2026 for grandfathering protection. These 2026-specific issues require real-time attorney verification.

2026 CONCURRENT FILING BENEFIT (CRITICAL IF ALREADY IN USA)

What is Concurrent Filing:

  • If already in USA on another visa (H-1B, L-1, F-1, etc.), can file I-485 Adjustment of Status (green card application) SIMULTANEOUSLY with I-526E EB-5 petition
  • Historically had to wait for I-526E approval THEN file I-485 (serial process, longer wait)
  • 2026: Concurrent filing allowed if visa category CURRENT (Rural/High-Unemployment/Infrastructure reserved categories are CURRENT as of Feb 2026)

CRITICAL BENEFIT - 3-6 Months to Work/Travel Authorization:

  • When file I-485 concurrently, receive Employment Authorization Document (EAD) in approximately 3-6 months
  • Also receive Advance Parole Travel Document in same timeframe (3-6 months)
  • EAD allows: Work for ANY employer (not tied to visa sponsor like H-1B), start businesses, change jobs freely, unrestricted USA work authorization
  • Travel Document allows: International travel while I-485 pending (can leave/re-enter USA freely)
  • LIVE AND WORK FREELY IN USA WITHIN 3-6 MONTHS while investment continues processing toward permanent green card

Who Benefits Most:

  • H-1B visa holders: Freedom from employer sponsorship, job mobility, no H-1B lottery/cap concerns
  • F-1 students/OPT: Unrestricted work authorization beyond OPT limits, no employment field restrictions
  • L-1 intracompany transferees: Work freedom beyond specific company, entrepreneurship opportunities
  • China/India nationals on other visas: Skip decades-long family-sponsored/employment-based backlogs, Rural EB-5 reserved category currently CURRENT (no wait)

Example Timeline with Concurrent Filing:

  • Day 0: File I-526E + I-485 concurrently (if in USA on valid status, Rural category CURRENT)
  • Month 3-6: Receive EAD + Travel Document (can work/travel freely)
  • Month 12-18: I-526E approval (Rural fast lane)
  • Month 24-36: I-485 final adjudication, conditional green card issued
  • KEY: Work authorization at Month 3-6 while rest processes (vs waiting 12-18 months for I-526E approval before even filing I-485 if not concurrent)

2026 VERDICT: If you are already in USA on H-1B, F-1, or other visa, Rural TEA EB-5 + Concurrent Filing is THE GOLD STANDARD strategy. Work/travel freedom in 3-6 months + green card track via fastest EB-5 processing lane (12-18 months rural fast lane) + no China/India backlog (reserved category CURRENT Feb 2026).

2-YEAR SUSTAINMENT PERIOD (CAPITAL RETURN POSSIBLE BEFORE PERMANENT GREEN CARD)

What Changed:

  • EB-5 regulations clarified that investment capital must remain invested for MINIMUM 2 YEARS (sustainment period)
  • 2-year sustainment period is potentially SHORTER than full immigration process (I-526E approval → conditional green card → I-829 permanent green card removal of conditions)

What This Means:

  • After 2 years from conditional green card issuance, investment capital CAN be returned (if project exit strategy permits)
  • You might receive capital back BEFORE receiving permanent green card (which requires I-829 approval, typically 12-24 months after filing ~18-24 months before green card expires)
  • Example: Conditional green card Year 0 → 2 years sustainment met Year 2 → Capital potentially returned Year 2-3 → File I-829 approximately Year 1.75 → I-829 approval/permanent green card Year 3-4
  • Project must have exit strategy allowing capital return after 2-year minimum (depends on Regional Center project structure)

CRITICAL NOTES:

  • 2-year sustainment is MINIMUM - many projects hold capital 5-7 years depending on project lifecycle, exit opportunities
  • Capital return is NOT GUARANTEED even after 2 years - depends on project success, exit strategy execution
  • Job creation requirement (10 jobs for 2+ years) must still be met for I-829 approval regardless of when capital returned
  • Some Regional Centers structure projects for faster capital return post-2-year minimum, others hold longer for project maturity

Due Diligence Question: When evaluating Regional Center projects, ask about exit strategy timeline. Projects with clear 2-3 year exit plans (post-sustainment) offer potential faster capital return vs those with 5-7 year holds. Balance against project viability, job creation reliability.

COMPLETE 2026 COST BREAKDOWN

All fees including volatile I-526E filing fee

Cost Component Rural TEA Regional Center Standard Regional Center
Investment (At-Risk Capital) $800,000 $1,050,000
Regional Center Admin Fee $50,000-$80,000 $50,000-$80,000
I-526E Filing Fee (VOLATILE) $3,675 (current Feb 2026, expect $9K+ soon) $3,675 (current Feb 2026, expect $9K+ soon)
Immigration Attorney (I-526E) $15,000-$30,000 $15,000-$30,000
Securities Attorney $5,000-$10,000 $5,000-$10,000
Source of Funds Documentation $3,000-$8,000 $3,000-$8,000
Medical/Biometrics (Family of 4) $1,500-$3,000 $1,500-$3,000
I-485 Filing (if Concurrent, Family 4) $5,000-$6,000 $5,000-$6,000
I-829 Later (Remove Conditions) $9,525 + $10K-$20K attorney $9,525 + $10K-$20K attorney

TOTAL 2026 COST ESTIMATES

Rural TEA Regional Center (RECOMMENDED): $893,675 - $950,525 (assuming current $3,675 fee)

  • $800K investment (at-risk, 5-7 years typical hold, return not guaranteed) + $65K Regional Center admin (avg) + $3,675 I-526E (CURRENT fee - volatile) + $22.5K immigration attorney (avg) + $7.5K securities attorney + $5.5K source of funds + $2.25K medical/biometrics + $5.5K I-485 concurrent (if applicable)
  • IF fee rises to expected $9K+: Total becomes ~$899K-$956K
  • Later I-829: +$19.5K-$29.5K (filing + attorney) when remove conditions

Standard Regional Center (Urban): $1,143,675 - $1,200,525+ (assuming current $3,675 fee)

  • $1.05M investment (vs $800K rural - $250K higher) + same ~$93.675K-$150.525K fees as rural
  • $250K MORE than rural with NO BENEFIT (same green card outcome + SLOWER processing + HIGHER backlog risk)
  • IF fee rises to expected $9K+: Total becomes ~$1.149M-$1.206M+

Direct Investment Route: $893,675/$1,143,675+ setup + ongoing business costs

  • $800K rural OR $1.05M standard investment capital
  • $25K-$50K attorney fees (more complex than Regional Center due to business structure, job creation documentation)
  • $20K-$100K+ business setup costs (varies enormously by business type - restaurant vs manufacturing vs retail)
  • Ongoing: Payroll for 10+ DIRECT employees (~$300K-$500K+ annually minimum - depends on wage rates, location), business operating expenses (rent, utilities, inventory, etc.)
  • Much higher TOTAL cost due to active business operation requirements vs passive Regional Center

Key Cost Insights:

  • Rural TEA ~$900K-$950K all-in (current fees) or ~$905K-$960K (if fee rises to $9K+)
  • Standard urban $250K MORE ($1.15M-$1.2M+) with NO advantage over rural (same green card, slower processing, higher backlog)
  • Filing fee volatile $3,675-$9K+ range 2026 - verify immediately before filing with attorney
  • Investment $800K/$1.05M is AT-RISK capital for 5-7 years (not guaranteed return, job creation must succeed)
  • Ongoing: Green card renewal $540 every 10 years, Naturalization $760 when apply for citizenship

READY FOR EB-5 2026?

CIVITAS works with experienced EB-5 immigration attorneys and trusted Rural TEA Regional Centers to guide your US green card journey. Navigate 2026 updates including Rural fast lane priority processing, volatile filing fees, concurrent filing benefits, and September 30 grandfathering deadline.