Gerardo Gonzalez, the licensed Compass agent behind LuxuryDade, checked the EB-5 rules against USCIS on September 19, 2026: a petition filed now needs $1,050,000, or $800,000 in a Targeted Employment Area or infrastructure project, invested at risk in a new commercial enterprise that creates 10 full-time jobs. Those minimums rise with inflation for petitions filed on or after January 1, 2027. A Miami condo you live in does not qualify.
The EB-5 Immigrant Investor Program grants US green cards to foreign investors who invest $800,000 to $1,050,000 in a US business and create at least 10 full-time American jobs. Miami real estate development projects frequently qualify as EB-5 investments through USCIS-approved regional centers. This path requires specific structuring but represents a legitimate pathway to US residency tied to real estate investment.
Investment Amounts (2026)
Under the EB-5 Reform and Integrity Act of 2022, signed March 15, 2022, the minimum is $1,050,000, or $800,000 when the new commercial enterprise sits in a Targeted Employment Area (TEA) or funds an infrastructure project, according to USCIS. Whether a Miami project earns the $800,000 amount is decided by census-tract math, not by the city's reputation. A high-unemployment TEA is the tract where the business principally operates, plus any directly adjacent tracts, with weighted unemployment of at least 150% of the national average. A rural TEA is effectively out of reach inside Miami-Dade, because USCIS defines rural as outside a metropolitan statistical area. The capital must stay at risk, with no guaranteed return and no contractual right to repayment.
EB-5 is an immigration decision wearing a real estate costume. Get the visa structure and source-of-funds right first, then the property choice follows, not the other way around.
EB-5 Numbers Checked Against USCIS, September 2026
Every figure in this section was read directly from USCIS pages on September 19, 2026. I added it because most EB-5 marketing I see quotes the amounts and skips the dates, and the dates are what change the math for a buyer planning a filing in late 2026 or 2027.
| Petition filed | Standard minimum | TEA or infrastructure minimum |
|---|---|---|
| Before March 15, 2022 | $1,000,000 | $500,000 |
| March 15, 2022 through December 31, 2026 | $1,050,000 | $800,000 |
| On or after January 1, 2027 | Adjusted for inflation (CPI-U) | Adjusted for inflation (CPI-U) |
USCIS ties the adjustment to the change in the Consumer Price Index for All Urban Consumers (CPI-U) since March 15, 2022, and repeats it every five years. The USCIS pages checked on September 19, 2026 did not yet state the 2027 figure, so this guide does not estimate one. My advice to a client who has already chosen a project is simple: ask your immigration attorney whether the petition can be filed before January 1, 2027, because USCIS applies the amount by petition filing date, not by wire date.
| Form | What it does | USCIS fee |
|---|---|---|
| I-526E | Regional center investor petition | $3,675, plus a separate $1,000 fee on an initial filing |
| I-526 | Standalone (direct) investor petition | $3,675 |
| I-485 | Adjust status inside the US, applicant 14 or older | $1,440 paper, $1,390 online |
| I-829 | Remove the conditions after 2 years | $3,750 |
| I-956F | Project approval, paid by the regional center, not the investor | $17,795 |
USCIS returned these EB-5 fees to their pre-April 1, 2024 levels on November 14, 2025, after a court order partially stayed the 2024 fee rule, per the USCIS fee schedule. Attorney fees, regional center administrative fees and consular fees are separate and are not in this table.
| Rule | What USCIS says |
|---|---|
| Regional Center Program | Authorized through September 30, 2027 |
| Visa set-asides each fiscal year | 20% rural, 10% high unemployment, 2% infrastructure |
| Indirect jobs | Up to 90% of a regional center investor's 10 jobs |
| Full-time job | At least 35 hours a week |
| Conditional residence | 2 years |
| Form I-829 window | The 90 days before the second anniversary of conditional residence |
Direct vs Regional Center Investment
Two paths. Direct EB-5: you directly create a Miami business employing 10+ people. Hard to operationalize via real estate alone. Regional Center EB-5: you invest $800K into a USCIS-approved regional center's pooled project (often a Miami development). Regional centers count indirect and induced jobs toward the 10-job requirement, making it the standard path for passive investors. Miami has multiple USCIS-approved regional centers managing real estate projects.
Timeline from Investment to Green Card
- Phase 1 (0-6 months): Investment committed, I-526E petition filed
- Phase 2 (18-36 months): I-526E adjudicated (EB-5 backlog varies by nationality)
- Phase 3 (after approval): Conditional green card issued (2-year conditional residency)
- Phase 4 (22-24 months after conditional): File I-829 to remove conditions
- Phase 5 (30-48 months after I-829): Permanent green card, followed by naturalization eligibility in 5 years
If a visa number is immediately available for your country, you may file Form I-485 together with the I-526E, per the USCIS EB-5 process page. Availability is set monthly in the Visa Bulletin, which USCIS summarizes on its visa availability page; this guide does not reproduce the cut-off dates because they change every month.
How to Vet an EB-5 Regional Center Project
Check five things. USCIS approval status (still active, not terminated). Prior project completion rate (has the RC delivered permanent green cards to prior investors?). Job-creation methodology (indirect/induced calculations verified by a qualified economist?). Escrow structure for the $800K (held until I-526E approval, not released to project early?). Exit mechanism (how does your $800K come back after 5-7 years?). The best Miami regional centers publish track records of all prior projects.
Why Miami Projects Are Popular for EB-5
Construction projects create direct and indirect jobs, and a regional center investor may count indirect jobs for up to 90% of the 10-job requirement, per USCIS, which is why pooled development deals dominate EB-5 in Miami. The TEA question cuts the other way: a fast-growing metro has fewer tracts at 150% of the national unemployment rate, so do not assume a Miami project qualifies for the $800,000 amount until the offering documents show how the tract was measured. Most international EB-5 applicants from Latin America already know Miami real estate, and many pair the petition with a separate condo purchase, which is where our LLC structuring guide and our DSCR loan guide for foreign buyers come in.
Critical Risks
- Project failure, your $800K is at risk and not guaranteed; regional centers have had bankruptcies
- Job creation shortfall, if the project doesn't generate the 10 indirect+induced jobs per investor, you lose your green card after I-829 denial
- Processing backlogs, Chinese and Indian applicants historically face multi-year visa number waits
- Program deadline, the Regional Center Program is authorized only through September 30, 2027, so anything later depends on Congress
"EB-5 through Miami real estate works when investors pick the right regional center and vet the project like any other illiquid alternative. Those who treat it as a shortcut and skip diligence regret it. Those who treat it as a serious investment with a visa benefit do well."
"Buyers weighing EB-5 routinely ask me whether a Miami pre-construction contract can sit alongside their regional-center investment, so I walk them through how the two timelines line up."Gerardo Gonzalez, Licensed Real Estate Agent at Compass
Considering EB-5 and want to understand which Miami projects I recommend and which I flag as risky? Reach out for a consultation. I work with two Miami immigration attorneys who specialize in EB-5 real estate cases.
How This Guide Is Checked
Scope: the federal EB-5 rules a Miami buyer needs before talking to a regional center: minimum investment, TEA definitions, job rules, filing fees and the key program dates. Sources: USCIS, About the EB-5 Visa Classification (last updated by USCIS November 18, 2025), USCIS, EB-5 Immigrant Investor Process, the USCIS Form G-1055 fee schedule (edition 09/09/26) and the USCIS Policy Manual, Volume 6, Part G. Not covered: monthly visa cut-off dates, processing times, tax treatment and any individual project's risk. Last verified: September 19, 2026. Next review: by January 15, 2027, after the inflation adjustment takes effect, or sooner if USCIS changes a figure. This is market education from a licensed real estate agent, not legal advice; an immigration attorney should confirm every filing decision.
Related reading for foreign buyers: who is buying Miami real estate from abroad in 2026, FIRPTA withholding when a foreign owner sells, and what happens to a pre-construction deposit if you default.
Frequently Asked Questions
How much does the EB-5 visa cost?
The investment is $1,050,000, or $800,000 in a Targeted Employment Area, for petitions filed before January 1, 2027. USCIS filing fees on the September 2026 schedule add $3,675 for Form I-526E plus a separate $1,000 fee. A paper Form I-485, if you adjust status inside the US, costs $1,440. Form I-829 costs $3,750. Attorney and regional center fees are separate. Return of capital depends on the project and cannot be guaranteed.
Will the EB-5 minimum investment go up in 2027?
Yes. USCIS says the $1,050,000 and $800,000 amounts adjust for inflation, measured by CPI-U since March 15, 2022, for petitions filed on or after January 1, 2027, and every five years after that. USCIS had not published the new figure when this guide was checked on September 19, 2026.
Can I invest directly in my own Miami condo for EB-5?
No. USCIS excludes owning and operating a personal residence from the definition of a new commercial enterprise, and EB-5 requires 10 full-time jobs of at least 35 hours a week. EB-5 through Miami real estate is almost always a pooled regional-center investment in a development project.
How long does EB-5 take from filing to green card?
24-48 months depending on processing backlogs, nationality, and project performance. The full cycle to permanent (unconditional) green card and citizenship takes 7-10 years.
Is my EB-5 investment guaranteed to come back?
No. EB-5 capital must be "at risk" by law, no guaranteed returns. Regional centers with strong track records have high return rates, but some projects have failed, causing investors to lose both capital and green card eligibility.
Can I work on the investment project myself?
Yes, if direct EB-5. You can be an active owner-operator. Regional center EB-5 is passive; you don't work on the project.
Which Miami regional centers have the best EB-5 track records?
Several USCIS-approved regional centers in Miami have strong track records. I refer clients to immigration attorneys who maintain independent rankings of regional centers by job-creation history, capital return rates, and project completion.
Frequently Asked Questions
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