The 2027 EB-5 investment adjustment: what is known and what is not

Before 2022, EB-5 minimum investment amounts had been unchanged for decades. The EB-5 Reform and Integrity Act of 2022 (often called the "2022 Act" or "RIA") raised them and, for the first time, wrote a recurring adjustment into the statute. For petitions filed on or after March 15, 2022, the minimums are:

These amounts are minimums for immigration eligibility. They say nothing about whether a particular offering is a sound investment, and they do not include any administrative or professional fees an offering or adviser may charge.

The statute provides that the minimum amounts are to be adjusted starting January 1, 2027, and then every five years, based on the Consumer Price Index for All Urban Consumers (CPI-U). The CPI-U is a measure of price changes published by the U.S. Bureau of Labor Statistics; it is a common benchmark for adjusting dollar figures in federal law so that they keep pace with general inflation.

Adjustment date

The first adjustment applies to petitions filed on or after January 1, 2027. Petitions filed before that date are generally subject to the amounts in effect when they were filed.

Cadence

After the first adjustment, the statute calls for further adjustments every five years, based on the Consumer Price Index for All Urban Consumers (CPI-U).

CPI-U

The Consumer Price Index for All Urban Consumers, a widely used U.S. inflation index. The size of any adjustment depends on how that index has moved over the relevant period.

Who publishes the figures

Official adjusted amounts are expected to come from the U.S. government, and USCIS is the agency that applies them to petitions. Figures from any other source, including estimates you may see online, are not official.

Because the calculation depends on official index data and on how the agency implements the statute, it is not possible for anyone outside government to state the final numbers with certainty before they are published.

• The exact adjusted amounts for both the standard and the reduced investment levels.
• How USCIS will communicate and implement them, for example through updated web guidance, form instructions or the Policy Manual.
• How specific situations will be treated, such as petitions prepared in late 2026 but filed in 2027, or investments made before a petition is filed. These questions depend on facts and should be reviewed with a qualified U.S. immigration attorney.

When official figures are published, this article will be updated. The date at the top of the page shows when the facts were last checked.

Under the statute, the amount that applies is generally linked to when the investor's petition is filed with USCIS, not when an investor first learns about a project or signs offering documents. For a regional center investment the petition is Form I-526E; for a standalone (direct) investment it is Form I-526.

A petition is generally treated as filed when USCIS receives a properly completed submission with the correct fee. A petition that is rejected for a missing signature, an incorrect fee or another defect may not hold its original filing date. Current fees are listed on the USCIS fee schedule (opens in a new tab); EB5 Circle does not restate fee amounts because they change.

Filing a petition also involves much more than paying the minimum amount. The investor must typically show that the full required capital has been invested or is actively in the process of being invested, that it is at risk, and that it came from a lawful source. Preparing source-of-funds documentation in particular can take considerable time. See source of funds for an overview.

A scheduled change in the minimum amount can create a sense that decisions must be made quickly. It is worth resisting that pressure. An EB-5 investment is a significant, long-term and illiquid commitment, and a rushed decision can be far more costly than a higher minimum amount.

1. 01

   Step 1: Start with suitability, not the deadline

   Consider whether EB-5 fits your family's goals, finances and risk tolerance at all. The EB-5 program overview and requirements pages are a starting point.

2. 02

   Step 2: Review the project on its own merits

   A deadline does not make a project better or worse. Work through the due diligence questions and understand the risks for any offering.

3. 03

   Step 3: Assess realistic timing with counsel

   A qualified U.S. immigration attorney can tell you whether a filing before the adjustment date is realistic given your source-of-funds documentation, and what would apply if it is not.

4. 04

   Step 4: Confirm the official figures

   If your filing will fall on or after the adjustment date, wait for and rely on the amounts published by USCIS rather than estimates.

• Read the EB-5 requirements to understand how the investment amount fits with the job-creation, at-risk and lawful-source requirements.
• Review the EB-5 process to see where the investor petition sits in the overall timeline.
• Check the official USCIS EB-5 updates page (opens in a new tab) for any announcement of adjusted amounts.
• If you would like to speak with a qualified professional about your situation, you can request a consultation. EB5 Circle provides educational information and does not give legal, investment or tax advice.