By Adam Greene, EVP, EB-5, Peachtree Group | Secretary/Treasurer, Invest in the USA (IIUSA)

For months, I have been telling anyone who would listen that the minimum EB-5 investment for targeted employment area (TEA) and infrastructure projects would rise to $937,500 on January 1, 2027.

I thought I knew. I thought it was clear. I thought it was black letter law.

Now I’m not so sure.

Don’t be alarmed. The minimum EB-5 investment requirement for TEA and qualifying infrastructure projects is still $800,000 today. But two recent publications from U.S. Citizenship and Immigration Services (USCIS) have made it much less obvious how the agency will calculate the required adjustment for 2027.

Depending on how USCIS interprets the law, the new minimum could potentially be $937,500, $900,000, $862,500 or $850,000.

Let me explain.

What Does the Law Say About EB-5 Investment Amounts?

The EB-5 Reform and Integrity Act of 2022 (RIA) set the standard minimum EB-5 investment at $1,050,000, reduced to $800,000 for projects in targeted employment areas (TEAs) and qualifying infrastructure projects.

The RIA also requires automatic adjustments every five years, beginning January 1, 2027. The standard investment amount adjusts based on the cumulative annual percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) since January 1, 2022, rounded down to the nearest $50,000.

The TEA and infrastructure investment amount is then set at 75% of the standard amount.

That sounds simple. It turns out there are at least two places where reasonable people, including the government, can read it differently.

How Could the EB-5 Minimum Investment Increase to $937,500?

My reading of the statute was literal: compare the CPI-U at the start with the most recent CPI-U before the adjustment date, increase $1,050,000 by that percentage and round down to the nearest $50,000.

As of August 2026, the CPI-U was 334.980, compared with 278.802 in December 2021—a 20.1% cumulative increase.

That takes $1,050,000 to about $1,261,500, which rounds down to $1,250,000. Seventy-five percent of $1,250,000 is $937,500.

Under this method, the standard amount is essentially locked in. But there are two wrinkles.

Could the $937,500 EB-5 Investment Be Rounded Down to $900,000?

On July 2, 2026, USCIS published its long-awaited notice of proposed rulemaking (NPRM) implementing the RIA.

In the discussion at the front of the NPRM, USCIS says it will take 75% of the standard amount for TEA and infrastructure projects and also round that figure down to the nearest $50,000.

That second round-down turns $937,500 into $900,000.

But the actual proposed regulation does not say that.

The standard amount is explicitly rounded down to the nearest $50,000, while the TEA and infrastructure amount is simply set at 75% of the standard amount. The new high employment area tier, meanwhile, explicitly says it will be “rounded up to the nearest $50,000.”

So the preamble says one thing, the proposed rule text says another, and we don’t know which will prevail.

How Will USCIS Calculate the CPI-U Increase?

The second complication is how USCIS interprets the law’s requirement to use the “cumulative annual percentage change” in the CPI-U.

I read that as the change from the starting index to the ending index. But USCIS recently considered a similar question when adjusting EB-5 Integrity Fund fees for inflation.

In its fee rule, USCIS considered several approaches, including half-year averages, month-to-month figures and June-to-June figures. In the final rule published September 30, 2026, USCIS raised the Integrity Fund fees by 10%, consistent with comparing the average CPI-U for 2022 with the average for 2025.

Why does this matter?

Inflation was running hot during 2022. Averaging over 2022 creates a higher starting point, which produces a smaller cumulative increase—and potentially a lower EB-5 minimum investment in 2027.

What Could the EB-5 Minimum Investment Be in 2027?

Depending on USCIS’s methodology, there are several possible outcomes:

• Starting and ending index: A 20.1% increase produces a $1,250,000 standard investment and $937,500 for TEA and infrastructure projects, or $900,000 with a second round-down.

• Half-year averages: A 14.7% increase produces a $1,200,000 standard investment and $900,000 for TEA and infrastructure projects.

• Annual averages: A 10.0% increase produces a $1,150,000 standard investment and $862,500 for TEA and infrastructure projects, or $850,000 with a second round-down.

• June-to-June: A 12.7% increase produces a $1,150,000 standard investment and $862,500 or $850,000 for TEA and infrastructure projects.

So, What Will the EB-5 Investment Amount Be in 2027?

We just don’t know yet.

It could be $937,500. It could be $900,000. It could be $862,500 or $850,000.

USCIS will update the amounts through a technical amendment published in the Federal Register. The NPRM also says USCIS will decide when it finalizes the rule whether to include the adjusted amounts for petitions filed on or after January 1, 2027.

We will have to wait for that publication.

In the meantime, my sense is that the industry expects the TEA and infrastructure amount will not go below $900,000, and I agree. I don’t believe Congress intended an averaging method that wipes out a good part of the inflation it was trying to capture, and it would surprise me if USCIS went that way.

But I was surprised once already.

What we do know is this: whichever method USCIS uses, the increase is significant—at least $50,000 and potentially $137,500 per investor—and it takes effect January 1, 2027.

What Can EB-5 Investors Do Before January 1, 2027?

The automatic adjustment applies to petitions filed on or after January 1, 2027, which is now less than three months away.

For prospective investors interested in pursuing an EB-5 investment at the current $800,000 minimum investment amount, it is important to get the process started now and consult with qualified immigration and other professional advisors about individual circumstances.

Peachtree Group is an integrated investment management firm specializing in identifying and capitalizing on opportunities in dislocated markets, anchored by commercial real estate. Today, we manage billions in capital across acquisitions, development and lending, augmented by services designed to protect, support and grow our investments.

Our EB-5 team has more than 30 years of combined experience in EB-5 investments, managing over $2 billion in EB-5 transactions.

Taking the Next Steps with Peachtree

Learn about the Peachtree Advantage and how our team can help you navigate the EB-5 investment process as the January 1, 2027 adjustment approaches.

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