EB-5 Investment Amounts and Additional Sunk Costs

Last Updated: October 13, 2025

The EB-5 program has a set minimum investment threshold for investors to qualify for a visa. The investment minimum is available depending on the population and employment rates of the project which is receiving the investment capital. Infrastructure projects sponsored by a government agency are also eligible for a lower investment threshold, even if they are not located in a Targeted Employment Area (TEA). If the project location falls within a TEA, the minimum investment threshold is lower at $800,000 USD. A TEA is an area with boundaries drawn by the Office of Management and Budget based on the most recent census data. These boundaries distinguish between areas considered “rural” based on their population size or areas which have “high unemployment”, totalling 1.5 times the national average. The new EB-5 program categories target rural and high unemployment areas to incentivize job creation and stimulate local economies for the two years the TEA designation is active.

For projects not located in a rural area or TEA, investors must contribute a minimum of $1,050,000 to the project of their choice. This capital must remain invested in the chosen project until the conditional residency period of the investor has been completed.

In addition to the invested capital, EB-5 investors should expect to incur other expenses for legal assistance, filing fees, and other administrative costs. These upfront expenses are in addition to the minimum capital investment. Note that these costs are typical for EB-5 projects from investment issuers. 

For those investors or project sponsors who may be seeking to create their own EB-5 projects, click here to read our guide.

Amount Funds transferred to

 

Purpose
EB-5 Investment $800,000 for projects in a TEA (high unemployment or rural) or qualifying infrastructure projects. $1,050,000 for all other projects. New Commercial Enterprise (NCE) Capital is invested in the target enterprise to stimulate job creation through new development or growth in the local area. The investment normally  remains in the project for at least 5-7 years. Returns on capital are possible but are not guaranteed. The capital is refunded to the investor in accordance with the terms of the project’s offering documents.
Administrative Fee $50,000-$80,000 Investment issuer (i.e. Regional Center) Admin fees are charged by investment issuers to recoup their costs incurred in creating the project offering, raising EB-5 capital and other fees. Issuers may discount or waive these fees in an effort to incentivize investors if their offerings are less competitive in the market.
Legal Fees $30,000-$40,000 Immigration Attorney Immigration attorneys are “retained” to prepare and file the immigrant petition. AIIA recommends investors to avoid attorneys without strong EB-5 experience who may offer lower legal fees.
Filing Fees $22,000-$26,500 USCIS Filing fees for the USCIS and consular processing apply. Additional fees may apply for additional dependents on the petition.

 

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