The EB-5 program offers a green card path to investors who put capital into a new U.S. commercial enterprise that creates at least ten full-time jobs for qualifying workers. An EB-5 lawyer helps you understand the difference between regional center and direct investment, documents that the funds were obtained lawfully, and prepares the petition. The immigration side turns on documentation, especially proof of where the money came from. The capital must be kept at risk, with no promise it will be returned, so consult a lawyer before transferring funds.
- The investor must invest the required capital and create at least ten full-time jobs.
- Invested capital is at risk, with no promise that it will be returned.
- Proof of where the money came from is central to the immigration case.
- Consult a lawyer before funds are transferred, since rules and amounts have changed over time.
Introduction
An EB-5 visa lawyer helps foreign investors and their families seek U.S. permanent residence by investing in a qualifying American business that creates jobs. This guide explains what the EB-5 program is, what an EB5 lawyer does and does not do, the difference between regional center and direct investment, and how the process generally works for investors in Florida and abroad. To discuss your own situation, call 1-844-YO-PELEO or contact us.
The immigration side of EB-5 turns on documentation, especially proof of where the money came from, so careful preparation from the start matters. Families often come to a lawyer after they have chosen a project, when it is still possible to ask questions, but before any funds are transferred is better.
This article is general information, not legal advice. Program rules, investment amounts and visa availability have changed over time and may change again, so confirm current requirements before you commit funds.
What the EB-5 Program Is
EB-5 (often written EB5) is an employment-based immigrant visa category for investors. In general terms, an investor must:
- Invest the required amount of capital in a new commercial enterprise in the United States.
- Keep that capital at risk, meaning it is used in the business with no promise that it will be returned.
- Show that the investment will create at least ten full-time jobs for qualifying U.S. workers.
- Prove that the invested funds were obtained lawfully.
The minimum investment amount depends on whether the project is in a targeted employment area, and Congress and USCIS have changed the amounts and rules over time. Because these figures change, an EB5 immigration lawyer should confirm the current requirements for your specific project before you commit any funds. Your spouse and unmarried children under 21 can generally be included as derivative family members.
The concept of capital at risk deserves attention. Money placed in an escrow that can be returned freely, or an investment with a promised repayment arrangement, may not satisfy the rule. Your lawyer should read the subscription and offering documents with this question in mind.
What an EB-5 Lawyer Does, and What They Do Not Do
An EB5 lawyer focuses on the immigration case. That usually includes:
- Reviewing your eligibility, family situation and any past immigration history.
- Tracing your source of funds and the path the money took from its origin to the investment.
- Preparing the investor petition (Form I-526E for regional center investments, or Form I-526 for a standalone investment).
- Handling the green card stage through consular processing abroad or adjustment of status in the United States.
- Filing Form I-829 to remove conditions on residence later in the process.
An immigration lawyer is not a financial adviser. We do not tell you whether a project is a good investment. Many investors also consult independent business or securities counsel and financial professionals to review the project itself, and a careful EB-5 immigration attorney will encourage that.
Regional Center or Direct Investment?
There are two broad ways to invest. In a regional center investment, your capital goes into a project sponsored by a USCIS-designated regional center, and jobs created indirectly by the project can count toward the job requirement. In a direct investment, you invest in and usually help run your own business, and the jobs generally must be direct employees of that business.
Each route has trade-offs in control, documentation and risk. An EB5 visa attorney can explain how each one affects the immigration filing, while your financial advisers evaluate the business terms. The regional center program has also been subject to changes in how it is authorized, so ask your lawyer what the current status is before relying on it.
For a direct investor, the day-to-day business is part of the immigration case. Hiring records, payroll and employment eligibility documents will later be evidence. For a regional center investor, the project's own reporting matters, so ask how the sponsor will give you the documents needed for the later petition.
How the EB-5 Process Usually Works in Florida
The process follows the same federal steps wherever you live. Most investors work with a lawyer in this order:
- Initial review. The lawyer looks at your goals, your family, your status and how you plan to fund the investment.
- Source-of-funds documentation. Bank records, tax returns, sale documents, gift or loan papers and translations are collected and organized.
- Investor petition. The I-526E or I-526 is filed with USCIS along with the project documents and your evidence.
- Conditional green card. After approval, you apply for a green card through a consulate abroad or, if eligible, through adjustment of status in the United States. The first green card is conditional and valid for two years.
- Removing conditions. You file Form I-829 to show that the investment was sustained and the jobs were created, so the conditions can be removed.
Processing times and visa availability vary, especially for applicants born in countries with high demand. A lawyer should review where you stand rather than quote a single timeline.
Why the Source of Funds Matters So Much
USCIS requires proof that the investment money came from lawful sources, and it expects the evidence to trace the funds from their origin to the investment. For many investors the money was earned or accumulated abroad over many years, and the records may be in another language, held by banks that respond slowly, or spread across relatives and businesses. Common sources include salary, business income, the sale of property, gifts, inheritance and loans, and each raises its own document questions.
Gifts are a frequent difficulty because the donor's own funds may also need to be shown. Loans must be real and secured in a way the rules accept. If the money moved through several accounts or countries, each transfer should be documented. Starting this work early, before the investment, is the single most useful step an investor can take.
Admissibility and family members also matter. An approved investment does not erase other problems. Past immigration violations, criminal matters or other grounds of inadmissibility can block a green card unless a waiver is available. Tell your lawyer about anything in your history, including incidents that were dismissed or happened long ago. The same applies to the spouse and children who will be included in the case.
Children approaching 21 need special attention, because age rules can affect whether they can be included. If you have a child close to that age, raise it at the first meeting so the lawyer can plan the timing of the filing with that in mind. Families who live in different countries should also plan how each person will complete the green card stage, since some may adjust status in the United States while others process through a consulate.
Finally, think about life after the green card. Conditional residents have the right to live and work in the United States, but they must keep the investment in place, avoid long absences that suggest abandonment of residence, and keep complete records for the later petition. Talk to your lawyer about travel, taxes and recordkeeping before you move, since each can affect the case.
Document Checklist for an EB-5 Investor
- Passports for you, your spouse and your children
- Records showing how you earned or received the investment funds: employment income, business profits, property sales, inheritances or gifts
- Bank statements showing how the money moved, including any international transfers
- Personal and business tax returns from recent years
- Any offering documents for a regional center project you are considering
- Marriage and birth certificates for family members who will be included
- Records of any prior U.S. visas, applications, refusals or immigration violations
Source-of-funds problems are a common reason EB-5 petitions run into trouble, so the earlier your EB-5 visa lawyer sees these records, the better. Keep originals safe and obtain complete translations of anything not in English.
Timeline and Processing Expectations for EB-5 investor green cards
EB-5 timelines depend on several factors: the type of investment, the time needed to collect and translate records, USCIS processing, and the availability of a visa number for your country of birth. USCIS and the Department of State publish current information, and it changes, so we do not quote figures. Be cautious about anyone who gives you a firm date.
Because the first green card is conditional, the case continues after the petition is approved. The investor must still keep the investment in place and later file to remove conditions. The table shows the general stages.
| Stage | What happens | Who acts |
|---|
| Initial review | Eligibility, family and funding plan are reviewed | Investor and lawyer |
| Documentation | Source-of-funds records and translations are assembled | Investor, banks and lawyer |
| Investor petition | Form I-526 or I-526E is filed with USCIS | Lawyer and USCIS |
| Visa availability | A visa number must be available for the applicant's category and country | Department of State |
| Conditional residence and removal of conditions | Green card issued, then Form I-829 filed | Investor, lawyer and USCIS |
Choosing Among EB-5 Lawyers
When people compare EB5 lawyers or EB-5 visa lawyers, the questions that matter most are practical:
- Is the lawyer independent from the project, or paid by the regional center? A lawyer who represents you alone owes loyalty only to you.
- How will the lawyer document a complicated source of funds, such as money from several countries or a family business?
- Who prepares the petition, and how will you be updated?
- Will the same firm handle the I-829 stage years later?
Some families also ask whether they need EB5 attorneys in more than one country. Often foreign documents need help from local professionals abroad, and your U.S. lawyer coordinates what is required for the immigration filing.
Responding to a Request for Evidence
USCIS may issue a request for evidence if it needs more proof about the source of funds, the structure of the investment, or the job creation plan. A request for evidence is not a denial, but it has a firm deadline. Send it to your lawyer immediately and gather the documents it lists.
A good response answers the specific question with clear, organized proof, often adding a short explanation that ties the records together. A response that sends many unrelated documents may not help. If a petition is denied, the options may include a motion, an appeal or a new filing, depending on the reason, and each has its own deadline.
How We Work With Investors From Orlando
Our one office is at 1111 E Amelia Street in Orlando. We serve investors in Miami, Tampa, Jacksonville and elsewhere in Florida, as well as families still living abroad, through secure video calls, phone consultations and secure document sharing. Consultations are available in English and Spanish. For an overview of our investor work, see our EB-5 and investor visa services. If you are comparing employment options, our business immigration page covers other categories as well.
Cost Factors and Fee Breakdown for EB-5 investor green cards
EB-5 costs fall into the investment itself, government fees, legal fees and supporting costs. The table lists them without figures.
| Item | Amount | Notes |
|---|
| Investment amount | Varies by case | Depends on the type and location of the project; confirm the current requirement |
| Investor petition fee | Check USCIS for the current fee | I-526 or I-526E; other fees may apply |
| Green card stage fees | Check USCIS for the current fee | Adjustment or consular fees for each family member |
| Petition to remove conditions | Check USCIS for the current fee | Filed later in the process |
| Attorney fees and translations | Varies by case | Depends on the complexity of the funds |
Project sponsors may charge administrative fees in addition to the investment. These are separate from government fees, so read them carefully and ask your own lawyer about them.
Request a written fee agreement that explains the scope of work, including the later removal of conditions, so you can plan the total cost over the life of the case.
Common Mistakes to Avoid for EB-5 investor green cards
- Transferring money before your lawyer has reviewed the source and path of the funds.
- Confusing the project's lawyer with your own independent lawyer.
- Assuming an investment returns capital with certainty or that it ensures a green card.
- Skipping independent advice about the investment itself.
- Providing foreign records without complete English translations.
- Leaving out a prior visa refusal, overstay or legal problem.
When to Call a Lawyer for EB-5 investor green cards
Call before you wire funds, before you sign any subscription or offering documents, and as soon as you receive a notice from USCIS. Early advice is especially important if your funds came from several sources or countries, if you have a past overstay or visa refusal, or if you are choosing between regional center and direct investment. Be cautious about any lawyer who guarantees an outcome.
Related guides for a different focus: EB-5 direct investment lawyer.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street in Orlando, and we serve clients throughout Florida by phone and secure video, with in-person meetings in Orlando. William J. Vásquez is the founding attorney. Consultations are available in English and Spanish, so you can describe your situation in the language you are most comfortable using. To talk about your case, call 1-844-YO-PELEO or contact us to schedule a consultation.
Sources and References
Related services: investment immigration, immigration lawyers in Florida
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This article is general information, not legal advice. Every case is different; speak with an immigration lawyer about your situation.
