What is the minimum investment for EB-5 in 2026?

As of June 2026, the standard minimum is $1,050,000. If you invest in a Targeted Employment Area (TEA) — a rural area or a high-unemployment zone — the minimum is $800,000. These amounts are set by the EB-5 Reform and Integrity Act of 2022 and are not expected to change before January 2027.

How many jobs do I need to create?

At least 10 full-time positions for qualifying U.S. workers. If you invest through a USCIS-designated regional center, you may count indirect and induced jobs in addition to direct employees. A direct (non-regional-center) investment counts only employees directly on the enterprise's payroll.

Does the EB-5 green card cover my family?

Yes. Your spouse and unmarried children under 21 are included in your EB-5 petition as derivative beneficiaries. They receive conditional green cards alongside you and are included in your I-829 petition to remove conditions.

Can I get an EB-5 green card if I am already in the U.S. on an E-2 or H-1B visa?

Potentially yes. Investors already in the United States in a lawful nonimmigrant status may be eligible to file for adjustment of status once an EB-5 visa number becomes available, rather than applying at a consulate. The strategy depends on your current status, priority date, and country of birth. Consult an attorney before taking any steps.

What is the I-829 and when do I need to file it?

Form I-829 is the petition to remove the conditions on your EB-5 green card. You must file it within the 90-day window before your two-year conditional green card expires. It requires evidence that you made and maintained the required investment and that the 10 jobs were created or are reasonably expected to be created. Missing this window is a serious problem — work with an attorney to calendar this deadline well in advance.

I am from India. Is EB-5 still viable for me?

There is a significant backlog for Indian nationals in the EB-5 unreserved category. The June 2026 Visa Bulletin shows a final action date of May 1, 2022, for India, and warns that retrogression is possible. However, the rural, high-unemployment, and infrastructure set-aside categories have separate queues that can offer a faster path. This is a critical planning consideration — an experienced EB-5 attorney should evaluate your specific situation.

EB-5 Investor Green Card: Miami & Florida Guide

EB-5 investor green card for Miami and South Florida investors: investment amounts, TEA rules, set-asides, and next steps from Fitenko Law PLLC.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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