EB-5 Visa Costs for Australians: Investment, Fees & Legal Support

Secure U.S. Permanent Residence From Australia Through an Immigrant Investment Program

The EB-5 immigrant investor visa gives Australian citizens a path to U.S. permanent residence through capital investment, without needing an employer sponsor or a specific job offer. For Australian investors, understanding the full cost picture, investment thresholds, regional center fees, legal fees, and government filing costs, is often the first step in deciding whether this route fits their goals.

Global Immigration Partners helps Australian investors assess eligibility, structure the investment, and build a case designed to meet USCIS requirements from the outset.

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Current EB-5 Program Snapshot

As of 2026, under the EB-5 Reform and Integrity Act (RIA) of 2022, the minimum investment amount Australian investors can pledge should be $1,050,000, or $800,000 in a Targeted Employment Area (TEA), a developing rural area or a region with high unemployment rates. This is expected to remain unchanged through the rest of 2026, with the first inflation-based adjustment not scheduled until January 1, 2027. Every qualifying investment must create at least 10 full-time U.S. jobs and contribute to the county’s economic growth.

Who Qualifies and Who May Not Be a Fit

You may be a strong candidate if you:

  • Have access to $800,000–$1,050,000 in lawfully sourced, verifiable capital
  • Can clearly document how those funds were earned or acquired
  • Are comfortable with a multi-year process and a period of conditional residence
  • Are investing capital that will genuinely be at risk in a real business

The EB-5 may not be the right fit if you:

  • Cannot fully document the lawful source of your investment funds
  • Need a faster path to U.S. status than the EB-5 timeline allows
  • Are looking for a guaranteed return with no investment risk
  • Prefer active, hands-on management of a smaller business

If you’re still comparing categories, our US visa options for Australians page outlines how the EB-5 compares to the E-3, E-2, and L-1 routes.

Regional Center vs. Direct Investment

The U.S. is the top country Australian investors choose to support. For Australians investors, the right investment structure will depend on your risk tolerance, desired level of involvement, and long-term U.S. plans.

Regional Center Investment

Most Australian investors investing in the U.S. do so through regional centers approved by the USCIS, under the regional center program, which pools capital from multiple investors into larger projects, often real estate or infrastructure projects. This route allows indirect job creation to count toward the 10-job requirement, and is generally more passive, appealing to investors who don’t intend to manage daily operations. Many regional center projects also require a separate regional center admin fee or administrative fee in addition to the project investment amount. Regional center filings also trigger the mandatory EB-5 Integrity Fund fee, so investors should address them before signing subscription documents. Learn more about EB5 regional center investments.

Direct Investment

A direct EB-5 investment involves personally establishing or acquiring a new commercial enterprise and actively managing it. This route requires direct job creation and more hands-on involvement, but gives the investor greater control over the business itself.

Investment and Legal Cost Categories for Australian Investors

Beyond the core investment amount, Australian applicants should budget for several additional cost categories. Understanding these costs will help Australian investors plan effectively for their EB5 Visa journey and ensure a smooth path to U.S. residency.

Note: Government fee amounts are set by USCIS and can change anytime, so current figures should always be confirmed before filing.

Minimum Investment Requirement

The EB-5 program requires a minimum investment of $1,050,000. However, if the investment is made in a TEA, which includes rural or high-unemployment areas, the minimum is reduced to $800,000.

Regional Center Fees

If you invest through a regional center, expect a separate regional center admin fee, sometimes labeled an administration fee or administrative fee, for project structuring and compliance that can range from a few thousand dollars upwards. This cost varies by project, and a lower administrative fee may sometimes be negotiable or even waived, so investors should discuss it before signing any investment documents.

Legal Fees

Hiring an experienced immigration attorney is essential for navigating the EB-5 process. Legal fees will vary depending on the attorney’s expertise and the complexity of your case.

EB5 Filing Fees

Australian investors must also pay several government filing costs, including USCIS fees and other required charges, such as these:

Note: Check with your U.S. Embassy or consulate for current prices. If you are processing through a consulate abroad, also confirm any separate immigrant visa fee charged by the Department of State.

Additional Costs to Consider

Beyond the required fees, investors also should budget for:

  • Additional administrative and project fees beyond the investment amount, including an Administrative Fee where applicable
  • Travel and relocation expenses
  • Miscellaneous expenses such as medical examinations, document translation, and other third-party service provider charges
  • Living costs while awaiting approval
  • Potential business-related expenses
  • Attorney fees
  • Immigration fees
  • Immediate family members’ needs and schooling

Source and Path of Funds for Australian Investors

USCIS requires EB-5 investors to document two important things: they have the required capital to invest in the U.S., and how it was lawfully obtained and moved from Australia to the U.S. enterprise. For Australian investors, this commonly involves providing documentation for the following:

  • Business ownership records or financial statements, if funds originate from an Australian business
  • Property sale documentation, if funds come from the sale of Australian real estate
  • Superannuation or investment account statements, where relevant to the funding source
  • Australian Taxation Office (ATO) records supporting income and asset history
  • Loan agreements, if funds are borrowed, with evidence the loan is secured by assets other than the investment itself
  • Bank records showing the transfer path from Australia to the U.S. investment account

Because cross-border fund transfers add complexity, and because recent adjudication trends place greater weight on documentation quality, this module often takes the longest to prepare and benefits most from early planning.

Review Source-of-Funds Readiness

Step-by-Step Filing Journey for EB-5 Visa for Australians

  1. Investment: Select a qualified investment, project, or business and commit the required capital, ensuring funds are placed at risk in the enterprise.
  2. I-526 or I-526E Petition: File the immigrant petition with USCIS, including full source-of-funds documentation and evidence that the investment will create the required jobs.
  3. Consular Processing or Adjustment of Status: Once approved, apply for an immigrant visa at a U.S. consulate, typically in Australia, or adjust status if already lawfully present in the U.S.
  4. Conditional Permanent Residence: Upon approval, the investor and eligible family members receive a two-year conditional green card for conditional permanent residency.
  5. Removal of Conditions: Near the end of the two-year period, file Form I-829 with evidence that the investment was sustained and the job creation requirement was met, in order to receive lawful permanent resident status, without conditions.

Visa Availability and Timing Caveat Australians Should Consider

EB-5 immigrant visas are subject to annual numerical limits, and current government data indicates I-526E petitions can take months to process, with the full process, from initial filing through removal of conditions, taking a few years for most regional center investors depending on project category, visa bulletin movement, and case-specific factors. Because timelines shift based on USCIS workload and visa availability, Australian applicants should confirm current processing expectations directly with a legal counsel rather than relying on past estimates.

Project Due Diligence and the Role of Securities and Tax Professionals for Australians Vying for an EB-5 Visa

Selecting an EB-5 project requires more than confirming it meets USCIS investment and job-creation rules. Australian investors should review the project’s business plan, financial projections, developer track record, and, for regional center investments, applicable securities offering documents. Independent due diligence, ideally involving securities counsel where relevant, helps assess project viability and risk.

Cross-border tax planning also matters. Australian investors should evaluate how their investment and eventual U.S. residency affect their tax obligations in both countries, which is why our team works alongside in-house tax professionals rather than treating the visa and financial sides of the case separately.

Family Inclusion and Residence Obligations

An approved EB-5 investment can extend conditional, and later permanent, residence to the Australian investor’s spouse and unmarried children under 21. Once approved, family members will generally hold the same status and timeline as the principal investor.

However, because the EB-5 leads to permanent residence, green card holders, including family members, are expected to maintain the U.S. as their primary residence, with approval first granting conditional status and later resulting in lawful permanent resident status for the investor and qualifying family members. Not doing so can jeopardize their status through extended absences from the U.S. without proper travel planning, such as a re-entry permit.

Common RFEs for Australian Investors

The most frequent sources of Requests for Evidence (RFEs) or denials for Australian investors include:

  • Gaps or inconsistencies in the source-of-funds documentation trail
  • Insufficient evidence connecting the investor’s funds to a lawful origin
  • Business plans or job-creation projections that don’t hold up to USCIS scrutiny or contribute to economic development for the U.S.
  • Investment funds that are not fully at risk or are structured with a guaranteed return
  • Delays or issues at the project level for regional center investments, which can affect the investor’s own case timeline

Thorough preparation of the source-of-funds module, in particular, is the single most important factor in avoiding delays.

Tailored Guidance for EB-5 Applicants from Australia

Every EB-5 case depends on the strength of your source-of-funds documentation, the project you choose, and how the investment is structured. Speak with our team to assess your readiness and understand the full cost of your EB-5 journey. You can also explore other US immigration options for Australians if you’d like to compare routes before deciding.

Book a Consultation with Global Immigration Partners

Frequently Asked Questions

What is the total cost of an EB-5 visa for Australians?

The total cost of an EB-5 visa for Australian investors will vary depending on their investment type. Beyond the $800,000–$1,050,000 investment itself, Australian investors should also budget for regional center fees (typically $60,000–$90,000), legal fees (typically $30,000–$45,000), and government filing fees such as Form I-526’s $3,675 petition fee, Form I-829’s $3,750 petition fee, and a biometrics fee of $85. Taking these total costs together, many EB-5 cases end up around $900,000 to $1,000,000, sometimes more, depending on the deal structure, professional fees, and personal relocation spending.

What is the current EB-5 investment amount for Australian citizens?

The minimum investment Australian investors can pledge is $1,050,000 for standard projects, or $800,000 for investments in a TEA. These amounts are expected to remain the same through the rest of 2026.

Can Australian investors apply through a regional center from outside the U.S.?

Yes, Australian investors can invest in a U.S. regional center project while residing in Australia and later apply for an immigrant visa through consular processing, typically by completing National Visa Center processing and then attending an interview at a U.S. consulate abroad.

Does my family in Australia get a green card too if my EB-5 petition is approved?

Yes, an approved EB-5 investment can extend conditional and later permanent residence to your spouse and unmarried children under 21.

Is applying for an EB-5 visa a guaranteed path to a green card or lawful permanent residence from Australia?

After the EB-5 visa is approved, Australian investors will not immediately gain permanent resident status. They will still need to file additional forms and prove their investment was sustained, improved U.S. economy, and created new jobs as required. Only after this can you gain permanent resident status.

Do I need a lawyer to apply for an EB-5 visa from Australia?

While not legally required, the complexity of source-of-funds documentation and project evaluation makes working with an experienced EB5 visa lawyer strongly advisable for most investors. A lawyer helps ensure Australians have the required investment capital amount, documents, and fees ready, improving their immigration process.

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Find an Immigration Lawyer in Australia

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Level 2, 215-219, George Street, Liverpool
New South Wales, Sydney 2170 Australia

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author avatar
Alexander Jovy - Senior Immigration Expert
Article Written by Alexander Jovy, Co-Managing Partner at Global Immigration Partners. 15+ years in E2 Visa, L1 Visas, EB5 Green Cards & investor immigration.