How EB5 Investment Works, and When a Business Purchase Can Qualify
EB5 is an immigrant investor classification that can lead to permanent residency. For petitions filed since March 15, 2022, the investment is $1,050,000, or $800,000 in a targeted employment area or an infrastructure project, and it must create at least ten full time jobs for qualifying U.S. workers. Buying an existing business does not qualify by itself.
Last reviewed November 1, 2026
The Investment Amounts
The standard amount is $1,050,000 and the reduced amount is $800,000 for a targeted employment area (a rural area or one with high unemployment) or an infrastructure project. The law adjusts these amounts for inflation for petitions filed on or after January 1, 2027; as of November 1, 2026 the adjusted amounts had not been published. Confirm the amount in effect on your filing date with an immigration attorney.
Ten Jobs Per Investor
Each investor's capital must create at least ten full time positions for qualifying U.S. workers. In a direct investment the jobs are created by the business itself; regional center investments may also count indirect jobs created in the wider economy.
Direct Investment or a Regional Center
A direct investor files Form I-526 and is involved in the business they invest in. A regional center investor files Form I-526E and invests through a project sponsored by a USCIS designated regional center; the regional center program is authorized through September 30, 2027. Each path has different control, risk and job counting rules.
Buying an Existing Business
A change of ownership alone does not qualify, because it creates no new jobs. A purchase can qualify when the investment restructures or reorganizes the business into a new commercial enterprise, or expands it with at least a forty percent increase in net worth or employees, and creates the required new jobs. A troubled business, in operation at least two years and having lost at least twenty percent of its net worth, can count jobs preserved as well as created. These rules are applied strictly; an attorney evaluates any acquisition plan.
Source of Funds
The investor must document the lawful source and path of every dollar invested, whether from earnings, a sale of property, a gift or a loan secured by the investor's own assets, through to the business.
Conditional Residence and Removing Conditions
An approved investor receives conditional permanent residence for two years, then files Form I-829 in the ninety days before the second anniversary, showing the investment was sustained and the jobs were created, to remove the conditions.
E2 or EB5?
E2 needs a treaty nationality, has no fixed minimum, and gives renewable nonimmigrant status without a green card. EB5 is open to any nationality, needs the fixed investment and ten jobs, and leads to permanent residency. Some investors start with E2 and later pursue EB5; an immigration attorney compares the paths for your family.
BreakThru Realty represents buyers and sellers in real estate and business brokerage. It does not give immigration or legal advice. Whether an investment qualifies for E2 or EB5 is decided by U.S. immigration authorities on the investor's own facts; an independent, qualified immigration attorney should review any purchase made for that purpose before you commit funds.
Talk to a Business Broker
A licensed BreakThru Realty business broker can read the lease, the financials and the listing with you before you make an offer. Call or text (786) 914-1017, or start your acquisition plan: a broker reviews your budget, industry and timing and replies with the businesses that fit.
Your Buyer May Already Be Working With BreakThru Realty
Buyers come to BreakThru Realty looking for established businesses, and many have shared their industry, location, budget and financing with us. If you own a business and are weighing a sale, a broker can review it confidentially against those requirements, and if no buyer on file fits, explain how we would reach other qualified buyers without naming your business.
Over 300 business buyers are already working with BreakThru Realty, seeking acquisitions across Florida. Before you list, a broker reviews what you own, the market around it and whether an existing buyer's requirements match. If none does, you see how we would position it to reach other qualified buyers.
Find Out If We Have a Buyer · Discuss Selling With BreakThru Realty
A potential match is a conversation, not an offer, until the buyer sees your property and makes one. No buyer is named and nothing about your property or business is shared until you decide to proceed.
Questions Buyers Ask
- How much is the EB5 investment in 2026?
- $1,050,000, or $800,000 in a targeted employment area or an infrastructure project, for petitions filed since March 15, 2022. An inflation adjustment applies to petitions filed on or after January 1, 2027; confirm the current amount with an immigration attorney.
- Can I buy a Florida business and qualify for EB5?
- Only if the investment meets the EB5 rules, including creating at least ten new full time jobs and, for an existing business, restructuring or expanding it as the regulations require. A purchase that only changes ownership does not qualify.
- Is EB5 better than E2?
- They serve different goals. EB5 leads to permanent residency and needs a larger, fixed investment and job creation; E2 is renewable nonimmigrant status for treaty nationals with no fixed minimum. An immigration attorney compares them for your situation.
Sources
Keep Reading
- Businesses for sale in Florida
- How to Buy a Business in Florida as a Foreign National
- Buying a Florida Business as an E2 Treaty Investor
- What to Check in a Business Lease Before You Buy
- Buying a Business With the Real Estate
- Can I Buy an Existing Business With an SBA Loan?
- International buyers: Florida real estate
- How buying a business works
- The lease from the owner's side