Why Filing for an EB-5 Visa Right Now Is Still Your Best Option

By Wendy R. Barlow, Esq. | Partner at Cohen, Tucker + Ades Specializing in Complex Immigration Matters

Wondering if an EB-5 visa is still worth it? Learn why filing now protects you from upcoming fee hikes, inflation-adjusted investment increases, and long visa backlogs.

When evaluating paths to U.S. permanent residency, high-net-worth individuals and investors often ask: Is filing for an EB-5 visa now still a smart financial and strategic decision?

Despite changing regulations, shifting government filing fees, and strict capital requirements, the EB-5 Immigrant Investor Program remains one of the most reliable routes to a U.S. Green Card.

Acting now allows prospective investors to capitalize on current investment minimums, lock in current fee rates before upcoming administrative increases, and take immediate advantage of visa set-asides that bypass traditional Visa Bulletin wait times.

Below, the immigration attorneys at Cohen, Tucker + Ades break down the key reasons why waiting could prove costly—and why filing today provides clear regulatory and procedural advantages.

1. Avoid Escalating USCIS Filing Fees

Government processing fees across foreign investor petitions continue to undergo adjustments. While regulatory updates and court challenges have led to fluctuations in filing costs, U.S. Citizenship and Immigration Services (USCIS) regularly implements fee restructurings to cover administrative overhead and fund technology enhancements.

• Rising Petition Costs: Filing fees for key investor petitions—such as Form I-526 (Standalone) and Form I-526E (Regional Center)—have seen substantial percentage increases in recent fee schedule updates.

• New Administrative Surcharges: Recent USCIS rules have added auxiliary fees, including the EB-5 Integrity Fund assessments and technology fees.

Why acting now matters: By filing your petition early, you lock in the current fee structure for your initial submission, helping you avoid higher upfront administrative costs as USCIS continues to adjust its schedules.

2. Lock In Current Minimum Investment Thresholds Before Inflation Adjustments

Under the EB-5 Reform and Integrity Act of 2022 (RIA), minimum capital investment thresholds were set at:

• $800,000 for projects located in a Targeted Employment Area (TEA)—which includes rural areas or high-unemployment zones—or infrastructure projects.

• $1,050,000 for non-TEA standard investments.

However, these capital requirements are not fixed indefinitely. The RIA statutory framework includes built-in inflation adjustments tied to the Consumer Price Index (CPI). As these mandatory adjustment cycles approach, the minimum capital required to participate in the EB-5 program will increase effective January 1, 2027.

Projected/Expected Fees (Jan 2027):

• Standard: Estimated around $1.2M to $1.25M 
• TEA: Estimated around $900,000 to $937,500

Filing now locks in the $800,000 TEA threshold, securing your eligibility at the lowest available investment level before mandatory statutory price hikes take effect.

3. Bypass Visa Bulletin Backlogs Through Concurrent Filing & Set-Asides

For applicants from high-demand countries—such as China and India—the standard Employment-Based preferences often involve multi-year or multi-decade Visa Bulletin backlogs. The EB-5 program offers two unique structural advantages that allow qualified applicants to bypass these delays:

A. Reserved Reserved Visa Categories (Set-Asides)

The RIA created reserved visa categories that are carved out directly from the annual EB-5 quota:

1. Rural Projects: 20% reserved allocation

2. High-Unemployment Areas: 10% reserved allocation

3. Infrastructure Projects: 2% reserved allocation

Because these set-aside categories are designated separately from the unreserved pool, investors in qualifying set-aside projects can often apply while these categories remain “Current” in the Department of State Visa Bulletin, avoiding standard country-specific backlogs.

B. Concurrent Filing (Form I-526E + Form I-485)

If you are already lawfully present in the United States on a temporary visa (such as an H-1B, L-1, F-1, or E-2 visa) and your EB-5 visa category is current:

• You can file your Form I-485 (Adjustment of Status) simultaneously with your Form I-526/I-526E petition.

• Immediate Benefits: Concurrent filing allows you to obtain an Employment Authorization Document (EAD) and Advance Parole (AP) travel authorization while your Green Card petition processes. This provides immediate work authorization and international travel flexibility, uncoupling your stay in the U.S. from a single employer or student status.

Quick Comparison: Filing Now vs. Waiting

Feature	Filing Now	Delaying Application
Minimum TEA Investment	$800,000 threshold	Subject to CPI-indexed increases
USCIS I-526/I-526E Filing Fees	I-526: $4,750 (Filing Fee + Integrity Fee) I-526E: $4,675 (Filing Fee + Integrity Fee)	I-526: $8,390 (Filing Fee + Integrity Fee + Technology Fee) I-526E: $9,025 (Filing Fee + Integrity Fee + Technology Fee) ***Effective November 30, 2026
Set-Aside Availability	Access to active reserved categories	Set-aside quotas risk retrogression as demand grows
U.S. In-Country Status	Eligible for concurrent filing (EAD/AP)	Prolonged dependency on nonimmigrant visas (H-1B, F-1)

Frequently Asked Questions (AEO-Focused)

What is the current minimum investment for an EB-5 visa?

As established by the Reform and Integrity Act of 2022, the baseline minimum investment is $800,000 for Targeted Employment Areas (TEA) or qualifying infrastructure projects, and $1,050,000 for non-TEA projects.

Can I work in the U.S. while my EB-5 petition is pending?

Yes. If you are already in the U.S. on a valid nonimmigrant visa and file concurrently under a current category, you can apply for an Employment Authorization Document (EAD), granting open market work permission while your Green Card petition is under review.

How do EB-5 visa set-asides help avoid backlogs?

Visa set-asides reserve 32% of total annual EB-5 visas for specific project types (Rural, High Unemployment, and Infrastructure). Because these pools operate under separate allocations, investors in these projects can often bypass long waitlists affecting the unreserved categories.

Secure Your U.S. Residency with Cohen, Tucker + Ades

Navigating the complexities of source-of-funds documentation, project selection, and regulatory filings requires experienced legal representation. The legal team at Cohen, Tucker + Ades brings decades of business immigration expertise to help high-net-worth investors structure their petitions effectively and protect their families’ U.S. residency goals.

Ready to start your EB-5 journey before fees and investment thresholds rise?

Contact Cohen, Tucker + Ades today to schedule a consultation with an experienced immigration attorney.