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EB-5 & Investor Immigration

EB-5 & Florida Real Estate: How Foreign Investors Get a Green Card

Quick Answer

EB-5 lets a foreign national and their family obtain U.S. green cards by investing in a U.S. business that creates jobs — generally $800,000 in a targeted employment area (or $1,050,000 otherwise), creating at least 10 U.S. jobs. Florida real estate development is a common vehicle. Truestead structures the investment, real estate, source-of-funds, and tax side and coordinates qualified immigration counsel for the petition itself.

By Arthur Simpson, Esq. · FL Bar #529265 International & Cross-Border July 10, 2026

What EB-5 actually is

The EB-5 Immigrant Investor Program is a U.S. federal pathway to permanent residency (a green card) for foreign nationals who invest in a U.S. business that creates American jobs. For the investor's family, it can mean green cards for a spouse and unmarried children under 21. Florida — with its foreign-buyer demand and development pipeline — is one of the most active EB-5 markets in the country, and real estate is a common vehicle.

The core requirements: a qualifying at-risk investment (generally $800,000 in a targeted employment area or $1,050,000 otherwise), creation of at least 10 full-time U.S. jobs, and lawfully-sourced capital that can be traced from its origin to the investment.

Where the real estate fits

Many EB-5 investments are structured around real estate development — a project that both deploys the capital and generates the required jobs, either through a USCIS-designated regional center or a direct investment. That's where a real estate and cross-border firm adds value that an immigration filing alone doesn't: choosing and structuring the investment entity, documenting the property side of source-of-funds, and coordinating FIRPTA and U.S. estate-tax exposure that changes the moment an investor becomes a U.S. tax resident.

What Truestead does — and what it doesn't

Let me be precise about scope, because it matters. EB-5 is immigration law, and Truestead does not file the visa petition. What we do is the side we're built for:

⚠ Structure before you file. An EB-5 investor becomes a U.S. tax resident, which reshapes FIRPTA and estate-tax exposure on any U.S. real estate. Getting the ownership structure right before the petition — not after — is what prevents expensive, hard-to-reverse tax problems down the line.

The GCRID advantage

Arthur Simpson is the founder of GCRID — the Global Coalition for Real Estate, Investment & Development — which publishes daily intelligence on cross-border capital corridors into U.S. real estate. For an EB-5 investor weighing where and how to invest, that means the property and market side of the decision is informed by global data, not guesswork. Combined with Arthur's Attorney & Realtor, CIPS credentials, it's a rare pairing: the lawyer, the property specialist, and the global network in one relationship.

Frequently Asked Questions

How much do I have to invest for an EB-5 green card?
As of the 2022 EB-5 Reform and Integrity Act, the minimum investment is generally $800,000 for a project in a targeted employment area (TEA) or high-unemployment/rural area, and $1,050,000 otherwise. The investment must be at risk and must create at least 10 full-time U.S. jobs.
Can EB-5 be done through Florida real estate?
Yes — real estate development is one of the most common EB-5 vehicles, either through a regional center project or a direct investment. The project must create the required jobs. Truestead structures the real estate and investment-entity side and coordinates immigration counsel for the petition.
Does Truestead file the EB-5 visa petition?
No. EB-5 is immigration law. Truestead handles the real estate, investment structuring, source-of-funds documentation on the property side, FIRPTA, and tax coordination, and associates a qualified immigration attorney to prepare and file the I-526E and I-829 petitions.
What is source-of-funds and why does it matter for EB-5?
EB-5 requires proving the invested capital was lawfully obtained and tracing it from its source to the investment. This documentation is often the hardest part of an EB-5 case. We help assemble the real estate and financial side of that record and coordinate it with immigration counsel.
How does EB-5 interact with FIRPTA and U.S. estate tax?
An EB-5 investor becomes a U.S. tax resident, which changes FIRPTA and estate-tax exposure on U.S. property. Structuring the investment and any Florida real estate holdings correctly from the start — before the petition — avoids costly surprises later. This is exactly the cross-border planning Truestead provides.

The Truestead Takeaway

EB-5 can turn a Florida real estate investment into a green card for an investor and their family — but it's a demanding process where the investment structure, source-of-funds record, and the investor's new U.S. tax status all have to be handled correctly, ideally before the petition is filed. The visa petition is immigration law and needs a qualified immigration attorney; the real estate, entity, and tax side is exactly what Truestead is built for. Getting both coordinated from the start is what makes an EB-5 go smoothly.

Related Cross-Border Guides

FIRPTA Explained: Selling Florida Property as a Foreign Owner Foreigner Buying Property in Florida (SB 264) Foreign Investor: LLC, Corporation, or Trust? International & Cross-Border — Truestead Law Probate & Trust Administration Asset Protection

Talk to a Florida Cross-Border Attorney

Considering EB-5 through Florida real estate? Schedule a consultation with Arthur Simpson, Esq. to structure the investment and coordinate immigration counsel.

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This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. EB-5 is federal immigration law; Truestead structures the real estate, entity, and tax side and coordinates qualified immigration counsel for the visa petition itself. Immigration and tax outcomes are fact-specific and depend on current law. Consult qualified counsel about your circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.