Florida EB-5 Investor Visa Lawyer

The EB-5 Immigrant Investor Visa offers a path to permanent residence in the United States for foreign nationals who invest in a U.S. business and create jobs for American workers. For many investors with ties to Florida, EB-5 is an appealing route because it does not require a job offer from a U.S. employer, sponsorship by a relative, or extraordinary professional credentials. Instead, it rests on a qualifying investment and the creation of full-time employment.

The Law Offices of Albert Goodwin work with investors and their families who are considering EB-5 as a way to live and work anywhere in the United States. Because immigration is federal, we assist clients located in Coral Gables, throughout Florida, elsewhere in the country, and abroad. This page explains how the EB-5 program works and the steps involved.

What Is the EB-5 Immigrant Investor Visa?

EB-5 is an employment-based immigrant visa category created by Congress to encourage foreign investment that benefits the U.S. economy. An investor who meets the program's requirements may obtain lawful permanent residence, commonly called a green card, for themselves, their spouse, and their unmarried children under twenty-one.

The program tends to suit individuals who have lawfully accumulated capital and want a route to residence that is driven by investment rather than by family relationships or a sponsoring employer. It is also used by people already in the United States in another status who wish to transition toward permanent residence. You can read more about related options on our employment-based immigration and green card pages.

How Much Must Be Invested?

The amount of capital required depends on where the investment is made. The current general minimum investment is 1,050,000 USD. If the investment is made in a Targeted Employment Area, or TEA, the minimum is reduced to 800,000 USD.

A Targeted Employment Area is generally a rural area or an area experiencing high unemployment. Many EB-5 projects are structured specifically to qualify as TEA investments so that investors can participate at the lower threshold. The capital placed at risk must be the investor's own lawfully obtained funds, and it must genuinely be at risk of loss with the expectation of gain.

The Job Creation Requirement

An essential feature of EB-5 is job creation. The investment must create at least 10 full-time jobs for qualifying U.S. workers. These positions must generally be sustained, and the way the jobs are counted depends on whether the investment is direct or made through a Regional Center.

• In a direct investment, the jobs are typically the actual employees hired by the new commercial enterprise.
• In a Regional Center investment, the program may count direct, indirect, and induced jobs that result from the project, based on accepted economic methodologies.

Documenting that the required employment was created and maintained is a central part of the later stage of the EB-5 process.

Direct Investment vs. Regional Center Investment

EB-5 investors generally choose between two structures.

Direct Investment

In a direct investment, the investor places capital into a new commercial enterprise that they often help operate or manage. This route gives the investor more control over the business but also more responsibility, including hiring the employees needed to satisfy the job-creation requirement.

Regional Center Investment

A Regional Center is an entity approved to sponsor pooled EB-5 investments in larger projects. Many investors prefer this route because it allows the broader counting of indirect and induced jobs and because day-to-day management is handled by the project sponsors. Choosing a Regional Center project requires careful review of the project, its job-creation projections, and the terms governing the investor's capital.

The Petition and Conditional Residence Process

The EB-5 process generally unfolds in stages.

1. The investor files an immigrant petition. Direct investors file Form I-526, while investors in a Regional Center project file Form I-526E. This petition demonstrates the qualifying investment, the lawful source of funds, and the plan to create the required jobs.
2. Once the petition is approved and a visa is available, the investor and qualifying family members either apply for an immigrant visa abroad or pursue adjustment of status if they are inside the United States.
3. The investor and family are first granted conditional permanent residence, which lasts two years.
4. Within the ninety-day window before the two-year period ends, the investor files Form I-829 to remove the conditions on residence, showing that the investment was sustained and that the required jobs were created.

When Form I-829 is approved, the conditions are removed and the investor and family hold permanent green cards.

Documenting a Lawful Source of Funds

One of the most demanding parts of an EB-5 case is proving that the invested capital was obtained lawfully. The investor must trace the money from its origin to the investment, which often involves assembling records such as the following.

• Tax returns and proof of income from employment or a business.
• Records of the sale of real estate, a business, or other assets.
• Documentation of gifts, inheritances, or loans, along with their own underlying source.
• Bank statements and transfer records showing the movement of funds.

Organizing this documentation carefully at the outset helps avoid requests for additional evidence later.

Set-Aside Visa Categories Under the 2022 Reform and Integrity Act

The EB-5 Reform and Integrity Act of 2022 reshaped important parts of the program. Among other changes, it created reserved, or set-aside, visa categories for certain investments. A portion of EB-5 visas is now reserved each year for investments in rural areas, in high-unemployment areas, and in infrastructure projects. These set-aside categories can be significant for investors from countries where demand for EB-5 visas is high, because they may offer separate visa availability.

The Act also strengthened oversight and integrity measures applicable to Regional Centers and projects. Because the rules continue to develop, it is worth reviewing how the current framework applies to a particular investment before committing capital.

Considerations for Florida Investments

Florida is a frequent destination for EB-5 investment, particularly in real estate development, hospitality, and other businesses. Investors weighing a Florida project should look closely at whether the project qualifies as a Targeted Employment Area, how the job-creation projections were prepared, and how the investment is structured. As with any market, local conditions matter, and a Florida real estate or business investment should be evaluated on its own merits rather than on general assumptions about the program.

Frequently Asked Questions

Do I need a job offer or sponsor for EB-5?

No. EB-5 does not require an employer to sponsor you or a job offer. The qualification is based on making a qualifying investment and creating the required full-time jobs for U.S. workers.

Can my family receive green cards through my EB-5 investment?

Yes. Your spouse and your unmarried children under twenty-one can generally be included as derivative applicants and obtain residence based on your qualifying investment.

What is the difference between conditional and permanent residence in EB-5?

EB-5 investors first receive conditional permanent residence for two years. Filing Form I-829 to remove the conditions, and showing that the investment and jobs were sustained, leads to permanent residence without the conditions.

How long does the EB-5 process take?

Timing varies based on the type of investment, the investor's country of birth, visa availability including the set-aside categories, and current government processing times. Because each case is different, it is best to review your situation individually.

If you are considering the EB-5 Immigrant Investor Visa and want to understand how it might apply to your circumstances, the Law Offices of Albert Goodwin are available to help. Call us at 786-522-1411, email email@floridaimmigrationlawoffice.com, or visit our contact page to arrange a consultation.