Per the EB-5 Reform and Integrity Act of 2022 (“RIA”), beginning January 1, 2027, EB-5 minimum investment amounts are scheduled to adjust automatically for inflation. The current minimum is $800,000 for investments in a targeted employment area (”TEA”), and qualifying infrastructure projects, compared with $1,050,000 for other EB-5 investments. The adjusted amount will apply to the petitions filed on or after January 1, 2027.
As of September 29, 2026, the Department of Homeland Security has not published the final adjusted amounts. Current industry estimates project that the TEA (including rural and infrastructure designated projects) minimum could increase to a range between $900,000 - $950,000, while the standard minimum investment amount could increase to approximately $ 1,250,000. These amounts remain as estimates until the official amounts are published.
For prospective EB-5 investors, filing before January 1, 2027, helps preserve eligibility under the current $800,000 TEA investment threshold. Having said that, the applicable amount is expected to depend on when a properly prepared Form I-526E petition is filed with the USCIS, not simply when an investor signs offering documents or begins transferring funds. As a result, planning ahead is critical.
A Strategy for Investors Facing Liquidity Constraints: Partial Funding
Given that the immigration benefit from an EB-5 investment made on December 2026 and January 2027 is essentially the same, it is reasonable to expect many prospective investors would prefer to file I-526E petitions before December 31, 2026.
Not surprisingly, some investors have already decided to pursue an EB-5 investment opportunity, but need additional time to liquidate assets, cash-in their restricted stock units (“RSUs”) in a manner to avoid excessive taxation, complete a property sale, receive business distributions or otherwise assemble the full investment amount. In appropriate cases, a well-documented partial funding arrangement may provide additional flexibility.
Partial funding does not reduce the investor’s total EB-5 commitment. Instead, the investor contributes an initial portion of the required investment and agrees, through binding written terms, to fund the remaining balance by specified deadlines. The arrangement must support the investor’s position that the investor is actively in the process of investing it. Investor’s immigration counsel should make the ultimate legal determination, whether the “in process of investment” requirement is adequately satisfied.
Third Lake Associates' UPC Phase 1 offering is currently available at the $800,000 TEA investment level. Because the project is already fully capitalized and the EB-5 raise is supported by a full sponsor equity commitment, our EB-5 offerings accommodate counsel-approved partial-funding schedules on a controlled, documented and case-specific basis.
Any partial-funding arrangement must be coordinated among the investor, immigration counsel, fund manager and, if any, other professionals assisting with the investor’s source-of-funds documentation.
Start the Process Before the Deadline
Investors seeking to use the current $800,000 threshold should not treat December 31 as the date to begin. Project review, source-of-funds documentation, subscription processing, funding arrangements, and preparation of Form I-526E can require a significant lead time.
For investors already in the United States, EB-5 may also provide an employment-based immigration pathway that is not dependent on employer sponsorship or selection in the H-1B lottery. If an immigrant visa is immediately available and the applicant otherwise qualifies, a Form I-485 may be filed concurrently with a Form I-526E, while a Form I-526E is pending, or following its approval.
Every case is different and the appropriate funding and filing strategy will depend on the investor’s lawful status, visa availability, source of funds, family circumstances, and ability to satisfy the full investment obligation. Any proposed arrangement should be reviewed and approved by qualified immigration counsel.
This material is provided for general informational purposes only and does not constitute an offer to sell or a solicitation of an offer to purchase securities. Any offering may be made only through the applicable definitive offering documents. This material does not constitute legal, immigration, tax, financial, or investment advice and appropriate counsel and advisors should be consulted before making an investment.