Money and structure
Inflation adjustment
Also called indexation, 1 January 2027 adjustment, CPI adjustment.
The automatic adjustment of the EB-5 minimum investment amounts to inflation, added to the statute by the RIA in 2022, which runs for the first time on 1 January 2027 and every five years after.
What it decides
8 U.S.C. 1153(b)(5)(C)(iii), headed "Automatic adjustment in minimum investment amount", raises the EB-5 minimum investment amounts on 1 January 2027 and every five years after. Subclause (I) moves the standard amount, now $1,050,000, by the cumulative annual percentage change in the unadjusted consumer price index for all urban consumers (all items, U.S. city average) reported by the Bureau of Labor Statistics between 1 January 2022 and the date of adjustment, rounded down to the nearest $50,000. Subclause (II) treats the targeted employment area and infrastructure amount differently: it is never indexed on its own, it is simply reset to 75 percent of the adjusted standard amount. That is slightly less generous than the split in force today, since $800,000 is about 76 percent of $1,050,000. Each adjustment applies to petitions filed on or after its effective date, so the filing date controls, and an I-526 or I-526E that slips into January 2027 must meet the higher amount even where the capital was invested well before. The Secretary of Homeland Security is directed to publish the new figures as a technical amendment in the Federal Register, and none had appeared as at 5 August 2026, but the adjustment is self-executing: the notice records the new amounts rather than triggering them, and its absence delays nothing. Read the amounts from the statute, not from 8 CFR 204.6, which has not been conformed to the RIA.
Where this is explained properly
Pages here that go into inflation adjustment rather than mentioning it.
Related terms
- CapitalCapital is the cash and tangible assets an EB-5 investor contributes to the new commercial enterprise. Two texts define it: the statute, which governs petitions filed on or after 15 March 2022, and the older regulation, whose conditions on debt USCIS still applies alongside the statute.
- USCIS filing feeThe amount USCIS charges to file a given EB-5 form. The fees are set by regulation, under 8 U.S.C. 1356(m) and codified at 8 CFR 106.2, but for EB-5 forms the amount USCIS will actually accept is the one in its published schedule, Form G-1055, because the regulation's EB-5 figures are stayed.
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