The EB-5 program for investors in the USA will stop accepting applications on September 30, 2026. After this date, petitions under the program are not guaranteed to be processed, and starting January 1, 2027, minimum investment amounts will increase by approximately $30,000. Instead of EB-5, investors and entrepreneurs can use talent visas (O-1, EB-1A, EB-2 National Interest), business management visas (E-2, L-1), or classic employment-based visas (EB-2, EB-3).
When to File an EB-5 Petition and What Changes After September 30
September 30, 2026 is the final day to submit Form I-526 under the EB-5 program and guarantee petition processing. The program requires an investment of $800,000 in a passive investment through a regional center or $1,050,000 in active business management with a commitment to create 10 jobs. In a passive investment, funds are loaned for approximately 3–5 years, after which they are returned to the investor, while the green card is issued during this period.
Petitions filed after September 30, 2026, but before October 1, 2027, will be accepted but are not guaranteed to be processed. This means the applicant will spend money on attorney services, government fees, and regional center fees without a guarantee of a positive decision.
Starting January 1, 2027, minimum investment amounts will increase according to inflation. Passive investment will rise to approximately $830,000–$850,000, and active investment to $1,100,000.
Talent Visas: O-1, EB-1A, and National Interest (EB-2 NIW)
Talent visas require proof of recognition in your professional field. There are three main options.
O-1 is a nonimmigrant visa that can be obtained within 6–9 months. It does not provide a green card but allows you to stay in the USA and prepare a case for obtaining resident status. Restrictions on immigrant visas at American embassies do not apply to the O-1, so this visa is used as a tool to enter the USA regardless of the applicant’s country of origin.
EB-1A (First Preference, Extraordinary Ability) is an immigrant visa issued directly for the purpose of obtaining a green card, but the process is longer, more complex, and more expensive in the initial stages.
EB-2 National Interest Waiver (EB-2 NIW) is considered for individuals with higher education, industry work experience, and an interesting project or operating business capable of benefiting the USA. Unlike classic talent visas, the applicant does not prove recognition in the industry but rather the value and feasibility of their project for the American economy or society.
The optimal strategy is to start with O-1 and then transition to EB-1A or EB-2 NIW. To approve a talent visa, you need to meet three criteria out of eight to ten possible ones, depending on your profession and country of origin.
Business Visas E-2 and L-1 as EB-5 Alternatives
E-2 can be considered as a junior version of EB-5, as it also requires investment and proof of source of funds, but the amount is much smaller—starting from $100,000. The E-2 visa does not provide a green card, but it can be renewed indefinitely while the applicant develops a case for obtaining a green card under another program.
However, E-2 is not available to all nationalities. It is suitable for citizens of most post-Soviet countries, including Ukraine, Kazakhstan, Kyrgyzstan, Moldova, and Baltic countries, with the exception of Russia and Belarus. If the applicant has citizenship of one of the European countries, E-2 may also be available.
L-1 is suitable for those who own a business outside the USA with approximately 15 employees, and the applicant holds a managerial position. Under this visa, you can start a startup in the USA or buy an existing business and move yourself into a management position. The key condition is having employees both in the company outside the USA and in the American company.
L-1 converts to EB-1C (immigrant visa for managers) if the American company reaches eight employees, including 2–3 managers reporting to the applicant, and the foreign company continues to exist. L-1 is more difficult to approve, requires more expenses for employee salaries, but provides a path to a green card.
Classic Employment-Based Visas: EB-2 and EB-3
Employment-based visas EB-2 and EB-3 require sponsorship from an American company that is not owned by the applicant or their relatives. The company must be profitable and have income sufficient for the Department of Labor-established salary for the position.
The process of obtaining a green card through EB-2 or EB-3 takes from 2 to 4 years, depending on the visa category and various processing factors. The advantage of this path is that the applicant can obtain a green card if the employer agrees to sponsor their case. The disadvantage is the lengthy waiting period and dependence on the employer.
New Strategy for Moving to the USA Before 2027
The recommended scheme for moving to the USA after EB-5 closes is to start with a nonimmigrant visa for entry and then transition to an immigrant visa for obtaining a green card. For people with professional skills and experience, the most promising combination is O-1 → EB-1A or O-1 → EB-2 NIW. These visas are not subject to restrictions affecting immigrant visas at American embassies.
For entrepreneurs without significant professional recognition, E-2 is suitable for investors with modest startup capital, or L-1 for owners of an existing business with employees.
Without free capital for investment or your own business, the remaining option is to find an American employer willing to sponsor EB-2 or EB-3.
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