EB-5 Visa Lawyer Florida | Investor Green Card | Fitenko Law

EB-5 immigrant investor visa lawyer in Florida — $800K TEA / $1.05M standard. Direct or Regional Center. Source of funds. Bilingual EN/RU. (305) 315-3425.

EB-5 Visa Lawyer Serving Florida — Immigrant Investor Attorney

Quick answer: The EB-5 Immigrant Investor Program offers foreign nationals a direct path to a U.S. green card by investing a minimum of $800,000 (in a Targeted Employment Area or rural project) or $1,050,000 (standard) into a U.S. business that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. Fitenko Law represents EB-5 investors across Florida, with deep expertise in source-of-funds documentation, Regional Center vs direct investment strategy, and the I-526E/I-485/I-829 lifecycle. Bilingual EN/RU. Last updated 2026-05-16.

EB-5 Investment Thresholds

• $1,050,000 — Standard EB-5 investment outside Targeted Employment Areas.
• $800,000 — Reduced threshold for investments in Targeted Employment Areas (TEAs) or in qualifying rural or infrastructure projects. Most Regional Center investments structure to qualify for the $800,000 TEA threshold.

Beyond the investment, the EB-5 requires creation or preservation of at least 10 full-time jobs for qualifying U.S. workers within roughly two years, with documentation requirements that vary between direct EB-5 (must be direct W-2 employees) and Regional Center EB-5 (can include indirect and induced jobs via econometric modeling).

Direct EB-5 vs Regional Center EB-5

Direct EB-5 (Active Management)

The investor directly establishes or acquires a U.S. business, takes an active role in management, and bears responsibility for direct job creation (10 full-time W-2 employees). Best for investors who want operational control and have business management experience. Examples: acquiring an existing hotel, manufacturing facility, or franchise group.

Regional Center EB-5 (Passive Investment)

The investor places capital in a USCIS-designated Regional Center project (typically real estate development or infrastructure), receiving limited-partner interests. Job creation is counted via econometric modeling that includes indirect and induced jobs. Best for investors who prefer passive participation and rely on Regional Center expertise. Approximately 95% of EB-5 investments historically have been Regional Center investments.

The EB-5 Process Timeline

1. Engagement and strategy — Direct vs Regional Center decision, project selection (if Regional Center), source-of-funds analysis.
2. I-526E filing — Petition by Investor for individual EB-5 case. Current adjudication timeline: 24-48 months.
3. Consular processing or I-485 adjustment — After I-526E approval. Depending on the investor's location and country, the path differs.
4. Conditional green card (2 years) — Investor receives lawful permanent resident status with conditions.
5. I-829 (90-day window before 2-year anniversary) — Petition to remove conditions, demonstrating that the capital was sustained at risk and the required jobs were created.
6. Unconditional green card — Permanent lawful resident status.
7. Citizenship eligibility — 5 years after initial conditional green card.

Total typical timeline: 5-7 years for non-retrogressed countries. Significantly longer for retrogressed countries (India, China).

Source-of-Funds Documentation — The Most Important EB-5 Element

USCIS scrutinizes EB-5 source-of-funds documentation rigorously. The investor must demonstrate that every dollar of the investment was earned lawfully and traced from source to U.S. deposit. Common source-of-funds patterns:

• Salary and bonuses — Multi-year pay stubs, tax returns, employment contracts.
• Business profits — Corporate financials, tax filings, distribution documentation, ownership records.
• Real estate sales — Sale agreements, settlement statements, original purchase documentation, mortgage payoff, prior tax payments.
• Gifts and inheritance — Donor's source of wealth fully documented, gift letters, inheritance documents, succession records.
• Loans — Loan agreement, collateral documentation (must be personal collateral, not the EB-5 business itself).
• Crypto/digital asset liquidation — Exchange records, on-ramp/off-ramp documentation, original acquisition cost basis.

EB-5 Visa Lawyer Fees in Florida

• $25,000-$45,000 — Comprehensive Direct EB-5 representation: project structuring, business plan vetting, source-of-funds documentation, I-526E petition with legal brief, USCIS filing, RFE response if issued.
• $15,000-$30,000 — Regional Center EB-5: project due diligence support, source-of-funds documentation, I-526E petition (substantial portion of the work is the Regional Center's, reducing attorney scope).
• $5,000-$10,000 — I-829 conditions removal: jobs documentation, sustained investment evidence, full petition.
• $3,500-$6,000 — Concurrent I-485 adjustment of status (after I-526E approval, for applicants inside the U.S.).

Government fees: I-526E filing fee $11,160; I-485 $1,440 + $260 biometrics; I-829 $9,525.

Frequently Asked Questions About the EB-5 Visa

What's the difference between $800,000 and $1,050,000 EB-5 investment?

The $800,000 threshold applies to investments in Targeted Employment Areas (high-unemployment census tracts or rural areas) or qualifying infrastructure projects. The $1,050,000 threshold applies to all other EB-5 investments. Most Regional Center projects structure to qualify for the $800,000 TEA threshold.

How long does the EB-5 visa take?

Total typical timeline 5-7 years for non-retrogressed countries: I-526E approval 24-48 months, consular processing or I-485 12-24 months, two years conditional status, then I-829 removal. Significantly longer for retrogressed countries.

Can I pursue EB-5 if I am from a non-treaty country (Russia, China, India, Brazil)?

Yes. EB-5 has no treaty country requirement. This is the primary reason many non-treaty-country investors pursue EB-5 rather than E-2.

Can my spouse and children get green cards through my EB-5?

Yes. Your spouse and unmarried children under 21 receive derivative EB-5 green cards through your principal investment. After the conditional period and I-829 removal, the entire family receives unconditional permanent residency.

Is my EB-5 capital safe?

EB-5 capital must be "at risk" — meaning it cannot be guaranteed to be returned. This is a regulatory requirement, not a flaw. Risk management strategies include rigorous Regional Center due diligence (project track record, escrow protections, exit strategy), conservative project selection, and diversification.

How do you handle source-of-funds for Russian-speaking investors?

Source-of-funds documentation for Russian-speaking investors is a Fitenko Law specialty. We coordinate certified translations of Russian banking documents, real estate records, corporate financials, and tax filings. For investors whose capital trail spans Russia, Cyprus, UAE, and the U.S., we structure a coherent narrative that addresses every USCIS concern.

Do you handle EB-5 for Indian and Chinese nationals despite retrogression?

Yes. We help Indian and Chinese investors file I-526E to capture a priority date, then plan around the multi-year retrogression timeline. For some Indian and Chinese investors, alternative pathways (EB-1A, EB-1C if business has grown) may bypass retrogression.