Residency & Golden Visas / United States / Route
United States · Residency route
The standard EB-5 route for projects outside a targeted employment area. USD 1,050,000 and 10 jobs — but check whether a set-aside project would serve you better, because those are current for India.
Last updated: 2026-10-01
Programme overviewنظرة عامة
Advising UAE residents on US immigration from our Dubai office.
Overview
The USA EB-5 Non-TEA Investment route provides a direct path to U.S. residency and Green Card through a higher investment of $1,050,000 in a non-targeted employment area. This route allows flexibility in project choice and direct enterprise involvement.
Investment Overview
- Minimum Investment: $1,050,000
- Type: Investment in a U.S. new commercial enterprise outside a TEA (Regional Center or Direct)
- Requirement: Create at least 10 full-time jobs
- Risk: Investment must remain "at risk" with no guaranteed returns
Comparison Between Investment Options
| Feature | Non-TEA Investment ($1,050,000) | TEA Investment ($800,000) |
|---|---|---|
| Minimum Investment | $1,050,000 (higher capital) | $800,000 (lower entry) |
| Eligible Locations | Any U.S. location | Rural, high unemployment or infrastructure project |
| Risk Level | Higher capital exposure | Moderate, location-limited |
| Job Creation Requirement | 10 full-time jobs | 10 full-time jobs |
Why EB-5 is different for Indian applicants right now
Every other employment-based green card puts an Indian national in a queue. EB-5 set-asides do not.
From the October 2026 Visa Bulletin:
| Category | India final action date | Wait |
|---|---|---|
| EB-5 rural (20% set-aside) | Current | None |
| EB-5 high unemployment (10% set-aside) | Current | None |
| EB-5 infrastructure (2% set-aside) | Current | None |
| EB-5 unreserved | 01 Dec 2023 | 2 years 10 months |
| EB-2 (for comparison) | 01 Nov 2013 | 12 years 11 months |
| EB-3 (for comparison) | 01 Jan 2014 | 12 years 9 months |
Because a visa is immediately available in the set-aside categories, Indian applicants already lawfully in the United States can file Form I-485 concurrently with the I-526E, under INA section 245(n) as amended by the Reform and Integrity Act. That is the single strongest feature of the set-aside route, and it exists only while the set-aside stays current. It is generally not available on the standard route while India's unreserved date is not current.
The two investment levels
| Route | Minimum investment | Jobs |
|---|---|---|
| Targeted Employment Area, rural, or infrastructure project | USD 800,000 | 10 full-time |
| Standard (non-TEA) | USD 1,050,000 | 10 full-time |
The codified regulation at 8 CFR 204.6 still shows USD 1,800,000 and USD 900,000. Those are the vacated 2019 figures; the regulation was not updated after the 2022 Act, and the operative amounts are the statutory ones above.
Filing fees drop at the end of November 2026
A final rule published 30 September 2026 takes effect about 29 November 2026:
| Form | Now | From about 29 Nov 2026 |
|---|---|---|
| I-526E initial | USD 11,160 | USD 7,850 |
| I-526 | USD 11,160 | USD 7,615 |
| I-829 | USD 9,525 | USD 5,000 |
An EB-5 Integrity Fund fee of USD 1,000 per I-526E applies on top. Premium processing is not available for any EB-5 form.
If your filing is not urgent, waiting until after 29 November 2026 saves roughly USD 3,300 on the I-526E. We will tell you when that trade-off is worth it and when it is not.
What to watch
- The 2022 Act provides for periodic inflation adjustment of the USD 800,000 and USD 1,050,000 thresholds. An increase would be material, so XIPHIAS confirms the threshold in force before you invest.
- A DHS proposed rule of 2 July 2026 would add promoter registration, a revocable living trust requirement, remove repaid bridge financing as job-creation evidence, and create a penalties and debarment regime. It is not yet in force.
- Set-aside categories are current today. They are a quota, and quotas fill.
Talk to a US immigration consultant in Dubai
XIPHIAS Immigration has advised families on US green cards and work visas since 2009, and our Dubai team works with UAE residents applying from the Emirates. We were named Best Immigration Consultant by The Times of India in 2022.
If you want a straight answer on which US route is realistic for your profile, our immigration consultants in Dubai will give you one — including when the answer is no.
Sources
- US Department of State — Visa Bulletin for October 2026
- Federal Register — EB-5 Reform and Integrity Act of 2022 implementation (2 July 2026, proposed)
- Federal Register — EB-5 fee rule (published 30 September 2026, effective about 29 November 2026)
- Electronic Code of Federal Regulations — 8 CFR 106.2 (USCIS fee schedule)
Verified against travel.state.gov, the Federal Register and the Electronic Code of Federal Regulations on 30 September 2026. USCIS processing times vary by service centre and change frequently; XIPHIAS confirms the current published time when your petition is filed.
What you getالمزايا
Residency in the U.S. through EB-5 investment
Pathway to permanent Green Card and citizenship
No sponsorship required – self-petition route
Children under 21 study as US permanent residents, eligible for in-state tuition under each state's residency rules
Freedom to live, work, and operate a business anywhere in the U.S.
Investment & costsالتكاليف
Qualifying investment
Minimum investment — standard (non-TEA)
Invested, or actively being invested, when Form I-526E or I-526 is filed · Investment in a new commercial enterprise outside a targeted employment area (regional centre or direct); capital must remain at risk
Form I-526E or I-526 filing fee
On filing · From about 29 November 2026 the I-526E falls to USD 7,850 and the I-526 to USD 7,615
EB-5 Integrity Fund fee
With each Form I-526E (regional centre investments) · Applies on top of the I-526E filing fee
Form I-829 filing fee
To remove conditions at the end of the 2-year conditional period · Falls to USD 5,000 from about 29 November 2026
Figures are indicative and exclusive of professional fees. Your advisor confirms an exact, written cost breakdown for your family size.
Eligibilityالأهلية
Requirements
Investment of $1,050,000 in a qualifying Non-TEA project
Creation of at least 10 full-time jobs for U.S. workers
Proof of legal source of funds
Keep the investment at risk for the sustainment period required by the EB-5 Reform and Integrity Act of 2022
Proof of funds
Who cannot apply
Applicants with criminal background or fraud records
Undocumented or unlawful sources of funds
Failure to meet minimum investment or job creation requirements
The processكيف نعمل
Consultation & Project Selection
Assess your profile and select a qualifying project with an immigration attorney, and check first whether a set-aside project would fit
Prepare Source-of-Funds Documentation
Gather audited documents, business records, inheritance, or property sale records
Invest USD 1,050,000
Place the capital, at risk, in a qualifying new commercial enterprise (regional centre or direct)
File Form I-526E or I-526 with USCIS
I-526E for a regional centre investment, I-526 for a standalone investment. For India the unreserved category is not current, so concurrent I-485 filing is generally not available on this route
Conditional Green Card
Once your priority date is current, apply via Form I-485 or DS-260; receive a 2-year conditional Green Card
Maintain investment & create 10 jobs
Keep the investment at risk and meet the 10 full-time job requirement
File Form I-829 to remove conditions
File before the 2-year conditional Green Card expires, with evidence of the investment and job creation
Apply for Citizenship
Eligible for U.S. citizenship after 5 years with permanent residency
Document checklistالوثائق
Identity Documents
All documents must be valid and translated if not in English
- ✦Passport copies
- ✦Birth certificates
- ✦Marriage certificate if applicable
Financial Documents
Must clearly prove lawful source of funds
- ✦Bank statements
- ✦Business ownership documents
- ✦Property sale deeds
- ✦Inheritance papers
Compliance Documents
Background checks required for all applicants
- ✦Police clearance certificate
- ✦Medical examination reports
Your XIPHIAS advisor prepares a personalised document list at onboarding. The checklist above is indicative and may vary by family size.
Family scopeالأسرة
All eligible dependants can be included in one application or added after approval.
Age limits, dependency definitions, and addition fees vary by jurisdiction. Your advisor confirms exact rules at onboarding.
Risk notes
This is the more expensive route with the longer queue. India’s unreserved EB-5 final action date is 1 December 2023 — about 2 years 10 months behind — while all three set-aside categories are current.
Before choosing a standard project, ask us whether a rural, high-unemployment or infrastructure project fits. It costs USD 250,000 less and, as at October 2026, has no India queue.
Capital must be genuinely at risk. There is no guaranteed return and no guaranteed repayment.
USCIS processing times for Form I-526E vary and change frequently; XIPHIAS confirms the current published time when your petition is filed.
Premium processing is not available for any EB-5 form.
Compliance
Minimum investment USD 1,050,000 for a project outside a targeted employment area, creating 10 full-time jobs for qualifying employees.
The reduced USD 800,000 threshold applies only to a targeted employment area, rural project or infrastructure project.
Concurrent I-485 filing depends on a visa being immediately available. For India the unreserved category is not current, so concurrent filing is generally not available on this route — unlike the set-asides.
Filing fees fall from about 29 November 2026: I-526E initial from USD 11,160 to USD 7,850, I-829 from USD 9,525 to USD 5,000.
The investment thresholds are statutory. The figures still printed in 8 CFR 204.6 are the vacated 2019 amounts and do not apply.
Questionsأسئلة شائعة
This route, answered.
The required investment is $1,050,000 in a new commercial enterprise outside a TEA.
Start the United States route.
A senior advisor will confirm the exact costs, timeline and documents for your case — privately, and entirely off the record.