EB-5 investor green card for Miami and South Florida investors: investment amounts, TEA rules, set-asides, and next steps from Fitenko Law PLLC.
South Florida has long been a gateway for international capital — from Brickell's finance towers to Doral's Venezuelan business community to the Colombian and Argentine entrepreneurs who anchor Weston and Aventura. If you are a foreign national with the means and the motivation to build a life in the United States, the EB-5 Immigrant Investor Program may be your most direct path to a permanent green card. At Fitenko Law PLLC in Hallandale Beach, we work with investors across Greater Miami and help them understand exactly what this program demands before they commit a dollar. This guide explains the EB-5 process in plain terms, anchored to current USCIS rules as of June 2026.
The EB-5 Immigrant Investor Program allows foreign nationals to obtain U.S. lawful permanent residence by investing in a new commercial enterprise that creates American jobs. Congress created EB-5 in 1990, and the EB-5 Reform and Integrity Act of 2022 significantly restructured and strengthened the program, addressing years of abuse in the regional center space and introducing new investor protections.
EB-5 is an employment-based immigration category, meaning it is separate from family-sponsored green cards. It sits in the fifth employment preference (hence "EB-5"). Unlike visa categories tied to a job offer from a U.S. employer, EB-5 is driven entirely by the investor's own capital and the jobs that capital generates.
As of June 2026, USCIS sets two investment thresholds:
Infrastructure projects approved by a federal agency also qualify for the $800,000 threshold. These amounts were set by the EB-5 Reform and Integrity Act of 2022 and are scheduled to adjust for inflation on January 1, 2027, and every five years thereafter — so the current figures are expected to remain in place through the end of 2026.
For Miami investors, this distinction matters. A development project in a qualifying high-unemployment census tract — which can include parts of Hialeah, Overtown, or certain Homestead corridors — may qualify for the lower threshold. USCIS, not the state or developer, makes the final TEA determination.
USCIS requires that the invested funds be genuinely at risk of loss. Guaranteed-return structures or loans secured against the investor's own capital generally do not qualify. The capital must be lawfully obtained; investors must document the source of funds thoroughly.
Every EB-5 petition must show that the investment will create — or, in a troubled business, preserve — at least 10 full-time jobs for qualifying U.S. workers. "Qualifying workers" means U.S. citizens, lawful permanent residents, asylees, refugees, and certain others — not the investor or immediate family.
There are two ways to satisfy the job count:
For individual (non-regional-center) investments — sometimes called "direct EB-5" — only direct jobs count. Regional center investors may count indirect jobs, which gives regional centers a significant mathematical advantage in reaching the 10-job threshold.
The 2022 Act created reserved visa allocations specifically for projects in three categories:
Set-aside visas are significant because they carry separate waiting lists. If you qualify, you are not competing in the same queue as the general EB-5 pool — which is critical for nationals of countries like mainland China and India where the general EB-5 category can have substantial backlogs.
The roadmap has several stages, and each carries its own timeline and documentation burden:
Throughout this process, meticulous record-keeping — bank records, corporate documents, job records, business plans — is essential. A gap in documentation at the I-829 stage can unravel years of progress.
EB-5 visas, like all employment-based immigrant visas, are subject to annual numerical limits and per-country caps. Most countries — including Venezuela, Cuba, Colombia, Brazil, and Canada — have no meaningful wait and can file immediately once their petition is approved.
India is the notable exception. According to the Department of State Visa Bulletin for June 2026, the EB-5 unreserved final action date for India is May 1, 2022, meaning Indian nationals with priority dates after that date cannot yet receive a visa. The Bulletin also carries a warning that "sufficient demand and increased number use by aliens chargeable to India in the EB-5 unreserved visa categories may make it necessary to retrogress the final action date" in coming months.
For Indian investors in Miami — a community well-represented in Aventura, Doral, and along the Brickell corridor — this retrogression risk makes set-aside categories particularly valuable. As of the June 2026 Bulletin, the rural, high-unemployment, and infrastructure set-aside categories are current for all countries, maintaining separate queues that are currently more accessible than the unreserved category. If you are an Indian national considering EB-5, this analysis must be part of your planning conversation from day one.
We publish updated visa bulletin analysis regularly. See our article on the June 2026 Visa Bulletin for the full picture.
EB-5 is not the right path for everyone. It demands significant capital, a multi-year commitment, and a tolerance for investment risk. It is most commonly pursued by:
If you are in the United States on an E-2 visa, you may be able to file an I-526 concurrently with maintaining E-2 status — but the strategies differ depending on your country of citizenship and current status. Our E-2 Visa practice page covers the E-2 pathway; an attorney can help you evaluate which route makes the most sense given your timeline.
EB-5 petitions are among the most document-intensive in U.S. immigration law. A single weakness in source-of-funds documentation, a miscalculated job count, or a missed I-829 window can cost an investor years of time and hundreds of thousands of dollars. The program's complexity increased further after the 2022 Reform Act, which added integrity measures, escrow requirements, and new regional center reauthorization rules.
Ekaterina Fitenko, Esq., founder of Fitenko Law PLLC, has guided immigrant investors and business-visa holders through high-stakes immigration matters in South Florida. Our bilingual team (English and Russian) works with clients across Greater Miami — from Hallandale Beach and Aventura to Kendall and Coral Gables — and advises on investor visa strategies including EB-5, E-2, and O-1.
We are located at Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Reach us at (305) 315-3425.
EB-5 decisions deserve the same rigor as any major investment decision. We recommend scheduling a consultation before you commit capital or sign any regional center subscription documents.
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.
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.
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.
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.
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.
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.
This article is general educational information only, not legal advice, and does not create an attorney-client relationship. Immigration law changes frequently; always consult a licensed immigration attorney regarding your specific situation before making investment or immigration decisions.
Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com