VNIS Investment

United States immigration

US Residence 2026: EB-5, EB-3 and the L-1/EB-1C Route

The United States remains the first destination Vietnamese families consider: the education system, the business environment, and green card rights for every member of the household. In 2026, three routes merit discussion for Vietnamese investors and workers — EB-5, EB-3 and L-1/EB-1C.

Figures updated 08/2026

EB-5 investment (TEA)
$800,000
Rural or high-unemployment area; outside a TEA the level is $1,050,000
Jobs to be created
10 full-time jobs
Set-aside visas
20% rural, 10% high unemployment
A material advantage for Vietnamese investors during 2026
Green card
Conditional for 2 years → permanent
File Form I-829 to remove conditions
Inflation adjustment
Expected from 01/01/2027
New levels take effect only once USCIS publishes them

Overview

Under the EB-5 Reform and Integrity Act (RIA 2022), the programme maintains two investment levels: $800,000 for projects in a targeted employment area — a TEA, meaning a rural area or an area of high unemployment — and $1,050,000 for projects outside a TEA. Each investor must create at least 10 full-time jobs for US workers.

The present advantage for Vietnamese investors lies in the set-aside visa categories: 20% for rural projects and 10% for high-unemployment areas. Neither category has retrogressed, while the standard EB-5 category is backlogged for Vietnamese nationals. Two dates warrant attention: 30/09/2026, which relates to the reserved-visa provisions of the RIA, and a possible inflation adjustment to the investment levels expected from 01/01/2027.

EB-3 is an employment-based category requiring a US employer to sponsor the applicant, and it includes the unskilled EW subcategory. The cost is a fraction of EB-5, but the outcome depends entirely on the employer and on the visa bulletin; Vietnamese applicants commonly wait several years. The L-1 route combined with EB-1C is designed for business owners already operating a company in Vietnam who intend to open a US branch.

We assess EB-5 projects against two questions: the capacity to repay capital, and progress on job creation. And we treat no programme as certain to succeed — the outcome depends on each individual file and on the adjudication of USCIS.

Programmes

Routes currently open

EB-5 Immigrant Investor Program (regional center or direct investment)

Source: uscis.gov

Invest in a new commercial enterprise in the United States, create 10 jobs, and receive a conditional green card for the whole family, including your spouse and children under 21.

Investment / cost
$800,000 (TEA) or $1,050,000 (outside a TEA), excluding project administration fees and legal fees
Estimated timeline
Form I-526E commonly takes 2–4 years; rural set-aside filings receive priority processing; the full path to a permanent green card runs 5–7 years depending on category
Benefits
  • Green cards for the whole family; children pay resident tuition rates
  • No management experience or English language requirement
  • The set-aside categories allow concurrent adjustment of status if you are lawfully present in the United States
  • Freedom to live and work in any state
Key requirements
  • Evidence of lawful source of funds (income, sale of assets, gift, inheritance and similar)
  • Capital must remain at risk; repayment cannot be guaranteed
  • The project must create the full 10 full-time jobs for US workers
  • Clean criminal record and satisfactory medical examination

Investment levels per RIA 2022; check the Visa Bulletin each month for Vietnam priority dates

EB-3 Skilled Worker (including the Other Workers / EW subcategory)

Source: uscis.gov

A US employer sponsors the applicant through PERM labour certification. The cost is a fraction of EB-5, in exchange for a long wait and an outcome that rests with the employer.

Investment / cost
No investment capital required; filing, legal and service fees commonly run to several tens of thousands of dollars depending on the adviser
Estimated timeline
PERM plus Form I-140 takes roughly 1.5–3 years, followed by the visa bulletin wait for Vietnamese nationals (commonly several years — see the Visa Bulletin)
Benefits
  • Green cards for the whole family without a large capital commitment
  • Suitable for workers without advanced qualifications (the EW subcategory)
  • Children attend public school free of charge based on residence
Key requirements
  • A US employer sponsoring a genuine full-time position
  • A commitment to work for the sponsor after the green card is issued
  • Satisfactory medical and criminal record checks
  • Treat any offer of a 'guaranteed approval' with caution — USCIS adjudicates each file independently

Actual waiting times follow the monthly Visa Bulletin — to be reconfirmed before advising a client

L-1A → EB-1C — Intracompany transfer for business owners

Source: uscis.gov

A business owner or senior manager in Vietnam opens a subsidiary or branch in the United States, transfers over on an L-1A visa, and then converts to an EB-1C green card without the long visa bulletin wait that applies to EB-5 or EB-3.

Investment / cost
No statutory minimum; in practice the US entity requires genuine operating capital, commonly several hundred thousand dollars
Estimated timeline
L-1A: several months (premium processing available); EB-1C: 1–2 years once the US company has traded steadily for at least one year
Benefits
  • No fixed investment threshold as under EB-5
  • EB-1C sits in the first preference, where the visa bulletin is generally more favourable than EB-5 or EB-3
  • You develop the US business and open a green card route at the same time
Key requirements
  • At least one year in a managerial or executive role at the Vietnamese company within the last three years
  • A qualifying ownership relationship between the Vietnamese and US entities (parent–subsidiary, branch or affiliate)
  • Genuine US operations: premises, staff, revenue
  • High risk if the US entity exists only on paper — USCIS scrutinises this closely

How we work

The United States case path

  1. 01

    Assess your eligibility

    1–2 working sessions

  2. 02

    Select the programme

    1–3 weeks

  3. 03

    Prepare the file

    2–6 months, depending on the programme

  4. 04

    File and monitor

    Per the processing schedule of the adjudicating authority

  5. 05

    Settlement and beyond

    A long-term relationship

Further reading

Updates on United States

L-1A đến EB-1C: Lộ trình thẻ xanh Mỹ cho chủ doanh nghiệp Việt Nam

So sánh EB-3 và EB-5: Chọn lộ trình nào để đưa gia đình sang Mỹ?

EB-5 diện nông thôn: Vì sao nhà đầu tư Việt đang ưu tiên lựa chọn này?

Answers

Frequently asked questions

How much does the EB-5 route to US residence cost in 2026?

The minimum is $800,000 for a project in a TEA — a rural area or an area of high unemployment — and $1,050,000 for a project outside a TEA. Those figures exclude project administration fees, USCIS filing fees and legal fees. USCIS expects to adjust the investment levels for inflation from 01/01/2027, which makes 2026 worth considering. Even so, the decision should follow from project due diligence, not from deadline pressure.

Is the EB-5 rural category faster for Vietnamese nationals?

At present, yes. The set-aside category for rural projects, which holds 20% of all EB-5 visas, has not retrogressed for Vietnam, while the standard EB-5 category is backlogged. That gap shortens the wait considerably. The visa bulletin changes monthly, however, so the position must be reconfirmed at the point you file.

How long does EB-3 take, and what are the risks?

PERM and Form I-140 commonly take 1.5–3 years, and the visa bulletin wait for Vietnamese nationals can add several years more. The principal risk is dependence on the sponsor: if the employer withdraws sponsorship or no longer has a genuine hiring need, the file is directly affected. Ask your adviser to be transparent about the employer, and avoid any promise of guaranteed approval.

Can a Vietnamese business owner obtain a US green card through L-1?

It is possible, via the L-1A to EB-1C route: open a US subsidiary, transfer over on an L-1A visa, and once the company has traded genuinely for at least one year, file the EB-1C petition for a green card. The route sets no fixed investment level, but it requires a business that genuinely operates, with staff and revenue. A company that exists only on paper will not carry this route.

Does a US green card expire, and how long until citizenship?

An EB-5 green card is initially conditional, valid for two years. Once you file Form I-829 showing that the investment was sustained and the required jobs created, you receive a permanent green card, renewed every 10 years. A permanent resident may apply for US citizenship after five years holding the green card, subject to the residence and other requirements.

This information is provided for reference and does not constitute legal advice. Immigration policy may change at the discretion of each country. Contact VNIS Investment for an assessment based on your actual circumstances.

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