Residency & Golden Visas / United States / Route
United States · Residency route
Invest USD 800,000 in a targeted employment area, rural or infrastructure project. As at October 2026 the EB-5 set-aside categories are the only employment-based route with no India queue at all.
Last updated: 2026-10-01
Programme overviewنظرة عامة
Advising UAE residents on US immigration from our Dubai office.
Overview
The USA EB-5 TEA Investment route provides a path to U.S. residency and Green Card through a lower investment of $800,000 in a Targeted Employment Area. This route allows location-specific projects, often via Regional Centers, and promotes job creation in rural or high-unemployment regions.
Investment Overview
- Minimum Investment: $800,000
- Type: Investment in a TEA project (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 | TEA Investment ($800,000) | Non-TEA Investment ($1,050,000) |
|---|---|---|
| Minimum Investment | $800,000 | $1,050,000 |
| Eligible Locations | Rural, high-unemployment or infrastructure project | Any U.S. location |
| Risk Level | Moderate, location-limited | Higher capital exposure |
| Job Creation Requirement | 10 full-time jobs | 10 full-time jobs |
| Involvement | Regional Center or Direct | Regional Center or Direct |
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 this route and it exists only while the set-aside stays 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 TEA investment
Pathway to permanent Green Card and citizenship
Self-petition route – no employer sponsorship required
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 — TEA, rural or infrastructure project
Invested, or actively being invested, when Form I-526E or I-526 is filed · Capital must remain at risk; there is no guaranteed return
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, under the final rule published 30 September 2026
EB-5 Integrity Fund fee
With each Form I-526E · 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 $800,000 in a qualifying TEA, rural or infrastructure 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 TEA, rural or infrastructure project with an immigration attorney
Prepare Source-of-Funds Documentation
Gather audited documents, business records, inheritance, or property sale records
Invest USD 800,000
Place the capital, at risk, in the new commercial enterprise of the chosen project (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. While the set-asides are current for India, applicants lawfully in the US can file Form I-485 at the same time
Conditional Green Card
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
The set-aside categories are current for India today. They are a capped quota — rural 20%, high unemployment 10%, infrastructure 2% of roughly 9,940 annual EB-5 visas — and a quota that is current can stop being current.
The unreserved EB-5 category is a different proposition: India sits at 1 December 2023, a wait of about 2 years 10 months. Make sure you know which category your project qualifies for before you invest.
Capital must be genuinely at risk. There is no guaranteed return and no guaranteed repayment, whatever a project’s marketing says.
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 800,000 for a targeted employment area, rural project or infrastructure project, creating 10 full-time jobs for qualifying employees.
Set-asides under the EB-5 Reform and Integrity Act of 2022: rural 20%, high unemployment 10%, infrastructure 2%.
Concurrent filing of Form I-485 with the I-526E is available where a visa is immediately available — which, for India in all three set-aside categories, is the case as at the October 2026 Visa Bulletin.
Priority date retention and good-faith investor protections apply under INA section 203(b)(5)(M) if a regional centre is terminated or an entity is debarred.
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. An EB-5 Integrity Fund fee of USD 1,000 per I-526E applies separately.
The investment thresholds are statutory. The figures still printed in 8 CFR 204.6 (USD 1,800,000 and USD 900,000) are the vacated 2019 amounts and do not apply.
Questionsأسئلة شائعة
This route, answered.
The required investment is $800,000 in a targeted employment area (rural or high unemployment) or an infrastructure project.
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.