A clear guide to the U.S. EB-5 program, and the residences of a development in North Miami Beach, presented by a licensed real estate broker.
EB5 Miami · eb5miami.com · · General information, not legal advice
EB-5 program self-check
Three questions worth asking yourself about the EB-5 program: whether you know which program minimum would apply ($800,000 or $1,050,000, depending on the project's location and type); whether you or the family members who would apply with you have criminal convictions or open cases; and whether you can document the lawful source of your funds.
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Do you know which program minimum would apply: $800,000 or $1,050,000?
The minimum amounts are set by law. Attorney fees and government filing fees are paid on top of them.
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Do you or the family members who would apply with you have any criminal convictions or open criminal cases?
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Can you document the lawful source of your funds — how they were earned and how they reached your account?
These three points come up first in any EB-5 case. Only USCIS decides eligibility, on your documents; the next steps are preparation and a review by your own immigration attorney.
Choose an immigration attorney who handles EB-5 cases and agree the scope of work in writing.
If a child is close to 21, raise the age rules with your attorney now. Who can apply with you
Before you consider any offering, review its documents with your attorney. What to verify
For any offering you consider, ask the issuer which category it claims, and for the evidence: the area designation or the infrastructure status. What a targeted employment area is
Budget attorney fees and government filing fees on top of the minimum, for you and each family member.
Check the amounts on the day you file: the law adjusts them on 1 January 2027.
Gather the court documents for each case: the charge and the final decision.
Ask the attorney how it affects each family member who would apply with you.
See what an immigration attorney does in an EB-5 case. Who does what
The minimum depends on the project, not on you: $800,000 when the enterprise receiving the capital is in a targeted employment area (rural or high unemployment) or is an infrastructure project, $1,050,000 otherwise.
For any offering you consider, ask the issuer which category it claims, and for the evidence: the area designation or the infrastructure status. What a targeted employment area is
Budget attorney fees and government filing fees on top of the minimum, for you and each family member.
Check the amounts on the day you file: the law adjusts them on 1 January 2027.
Documenting the lawful source of funds is usually the longest part of preparing a petition. You can start the file now.
Your personal tax returns filed during the past seven years.
Registration records and tax returns of any business the money came from.
For gifted or borrowed funds: the agreements, and the same evidence from the donor or lender unless it is a bank. What USCIS lists as evidence
For any offering you consider, ask the issuer which category it claims, and for the evidence: the area designation or the infrastructure status. What a targeted employment area is
Budget attorney fees and government filing fees on top of the minimum, for you and each family member.
Check the amounts on the day you file: the law adjusts them on 1 January 2027.
Gather the court documents for each case: the charge and the final decision.
Ask the attorney how it affects each family member who would apply with you.
See what an immigration attorney does in an EB-5 case. Who does what
A residential development in North Miami Beach, Florida: its architecture, shared spaces and original floor plans, presented by a licensed real estate broker.
Compare the original floor plans, from studios to four-bedroom townhomes.
A qualifying EB-5 investment can support a petition for U.S. permanent residence for the investor, a spouse and unmarried children under 21, subject to eligibility and age rules.
The law sets minimum amounts and job-creation requirements. Each petition is reviewed individually; approval is not guaranteed.
Ask the broker about the residences, or bring general questions about the program. Review your family’s immigration circumstances with an immigration attorney.
Prefer to prepare first? Build a checklist for your first consultation with an immigration attorney.
Can I get a green card by buying property in Miami?
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Not by buying a home. Purchasing a residence for personal use does not itself qualify for EB-5. The EB-5 route requires an investment of $1,050,000 — or $800,000 in a qualifying targeted employment area or infrastructure project — in a business that creates at least 10 full-time jobs for U.S. workers. The investment and a home purchase are separate transactions with separate rights.
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What does an EB-5 investment include?
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An investor’s rights, fees and repayment conditions are set by the issuer’s offering documents for that particular offering. A residence purchase and legal services are not automatically included.
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How does EB-5 lead to an immigration application?
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A qualifying investment and job creation provide part of the basis for an EB-5 petition. You must also meet personal requirements, including evidence of lawful funds. An immigration attorney can assess your circumstances; the U.S. authorities decide the application.
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Are capital repayment and immigration approval guaranteed?
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No. Capital is exposed to investment risk, and immigration approval is a separate government decision. Review the investment structure, the enterprise’s risks, exit terms and individual requirements before committing.
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YOUR PLANS, IN FOCUS
Make room for your questions.
Five optional questions. A preparation list for your first consultation with an immigration attorney.