Visto n' Visa
Frequently asked questions
Straight answers to the most common questions about the EB-5 visa.
Yes. When relocating to the U.S. with the EB-5 you may bring your pets, provided you meet the health entry requirements. A veterinary health certificate and proof of vaccination are generally required; confirm the current USDA and CDC requirements.
Read full answer →Yes. EB-5 does not restrict the industry, so a gym franchise can qualify, provided it is a legitimate commercial enterprise with capital at risk and documented job creation as required by the program.
Read full answer →It depends on the project and is never guaranteed. EB-5 is an at-risk capital investment aimed at the green card, not at producing dividends. Some projects distribute profits; others focus solely on job creation.
Read full answer →Yes. You can start your own company even while your husband is the principal EB-5 investor, as long as you maintain clear separation between the two ventures so that capital and management are not commingled.
Read full answer →In an EB-5 plan, “unmet demand” identifies a real, underserved market opportunity, while “feasibility” assesses whether the project is viable and sustainable across financial, operational, and technical dimensions.
Read full answer →Retrogression is the delay that occurs when demand for EB-5 visas exceeds the available slots in a period. The priority date 'retrogresses', and even investors who have already invested and met the requirements may need to wait longer for a visa.
Read full answer →There is no fixed format. For EB-5, marketing documentation brings together evidence that the business operates and promotes itself, such as promotional materials, campaigns, digital presence, and partnerships, all aligned with the business plan.
Read full answer →Having debts in Brazil, by itself, is not normally grounds for denying the EB-5. What authorities examine is the lawful source of the invested funds and your financial capacity, clarified with transparent and well-organized documentation.
Read full answer →Yes, but with caution. Being out of status does not eliminate EB-5 as an option, but it may complicate adjustment of status in the U.S. and sometimes require consular processing abroad. Each history is assessed individually.
Read full answer →Licenses to open a factory under EB-5 depend on the state and municipality, and typically include business registration, zoning, building permits, and environmental and safety authorizations. Confirm local requirements on a case-by-case basis.
Read full answer →No. The EB-5 is the U.S. green card program for investment and job creation, and it does not derive from the “Buy American, Hire American” policy, which concerns government procurement and federal contracts.
Read full answer →Yes, it is generally possible to use trust fund assets in an EB-5 investment, as long as the structure documents the lawful source of funds and the investor's control over them, meeting the program's requirements.
Read full answer →Yes, EB-5 can be used for a fast food franchise if the business qualifies as a new commercial enterprise (or undergoes significant restructuring) and demonstrates the required job creation. The franchise model must be compatible with EB-5 rules.
Read full answer →Yes. U.S. law sets an annual cap on EB-5 visas, and the investor, spouse, and children all count toward that limit. In high-demand years, visas can run out and cause wait times. Confirm current numbers with USCIS and the Visa Bulletin.
Read full answer →EB-5 denials typically result from documentation failures, inability to prove lawful source of funds, failure to meet job creation requirements, and errors or inconsistencies in the petition.
Read full answer →In EB-5, employee salaries must reflect local labor market conditions, not an arbitrary figure. Base them on data from comparable roles in the region, considering qualifications and experience, and align with U.S. Department of Labor standards.
Read full answer →Yes. The EB-5 does not require you to close your businesses in Brazil. They can continue after the green card as long as they follow local laws and do not undermine the program's commitments in the United States. Stay alert to tax obligations in both countries.
Read full answer →Not in the way many imagine. EB-5 is regulated at the federal level: no state grants a license or approves the visa on its own. States and localities may offer incentives that attract projects, but the decision follows federal criteria.
Read full answer →You can use cryptocurrency proceeds in the EB-5, provided you prove their lawful origin and convert the assets into U.S. dollars through a documented transaction before investing. Such funds typically undergo additional traceability review.
Read full answer →It is not exactly an exception: EB-5 has different investment thresholds based on project location. Projects in a Targeted Employment Area (rural or high-unemployment area) require a lower amount; outside one, the threshold is higher. Confirm the current figure with USCIS.
Read full answer →Indirectly. Since EB-5 can lead to a green card, permanent residents may qualify for 'in-state' tuition and broader financial aid. It does not guarantee admission to competitive universities, which evaluate each applicant's complete academic profile.
Read full answer →Yes, in principle. A medical practice can qualify for EB-5 if structured as a business that generates the required jobs, with a solid plan and lawful capital. Healthcare licensing rules add an extra layer to consider.
Read full answer →It is possible to use borrowed capital in EB-5, but the funds must come from a lawful source and be genuinely 'at risk'. A loan secured by your property requires careful attention, as the repayment obligation may conflict with the capital 'at risk' requirement.
Read full answer →Not automatically. The EB-5 can lead to a green card and an SSN, but only after the petition is approved and all steps are completed. Upon approval, the investor and family typically receive conditional permanent resident status and can then apply for an SSN.
Read full answer →As an EB-5 resident, you become a U.S. taxpayer and must report your worldwide income, with obligations that can be federal, state, and local. Rules vary by state, so planning with a specialized tax advisor is worthwhile.
Read full answer →Yes, hiring an attorney is not required for EB-5. That said, the process is complex and documentation-intensive, so working with a qualified specialist reduces the risk of errors and brings greater confidence to your petition.
Read full answer →Yes. The EB-5 does not restrict sectors: investing in transportation (logistics, mobility, infrastructure) can qualify, provided the project is a commercial enterprise that generates the required jobs and meets program rules.
Read full answer →There is no fixed validity period for EB-5 supporting documents, but they must be recent enough to reflect your current financial situation and the lawful source of funds. Confirm the requirements with USCIS.
Read full answer →In the EB-5, the principal investor generally keeps their status after a divorce, as long as the investment continues to meet program requirements. The derivative spouse, however, may lose the residency tied to the marriage, except in cases evaluated individually.
Read full answer →The EB-5 was not created specifically for retirees, but they can qualify by meeting the required capital and program conditions. Lawful source of funds must be documented, and investment risks must be accepted. Check current rules on USCIS.
Read full answer →A virtual office can help with administrative tasks early on, but it is not enough for EB-5: the business must genuinely operate in the local economy and create real jobs in the United States, which generally requires a real physical presence.
Read full answer →There is no automatic extra quota just because your country did not use all its EB-5 visas. Unused slots may circulate globally under applicable rules, but that does not become a reserved bonus for your country.
Read full answer →There is no fixed cost for an EB-5 business plan: it varies with project complexity, the scope of analysis, and the preparer's experience. Request detailed quotes from professionals with a proven track record in the program.
Read full answer →The EB-5 is the investor route: you immigrate by investing capital in a U.S. enterprise that creates jobs. The EB-1C is the multinational executive or manager route, transferred to a related U.S. entity, based on leadership, without investment.
Read full answer →No. The EB-5 requires the investor to personally contribute capital from a lawful, verifiable source into the enterprise; a guarantor only provides a financial backstop and does not replace that personal commitment, so it does not meet the program's requirements.
Read full answer →What matters is not the divorce itself, but when it happens: before the removal of conditions on the residence, the derivative spouse's benefit may be compromised, as it rests on a good-faith marriage; after removal of conditions, the situation tends to be more stable.
Read full answer →There is no rule prohibiting an investor from maintaining more than one EB-5 petition at the same time, but each must independently prove the lawful source of funds and job creation, which increases the complexity of the process.
Read full answer →There is no automatic conversion. The L-1A (for transferred executives and managers) and the EB-5 (for investors) are distinct visas: to make the switch, you must meet the EB-5 requirements on your own and file a new petition as an investor.
Read full answer →No. The EB-5 requires capital from the investor's own funds, with a documented lawful source, kept 'at risk'. Pooled crowdfunding contributions do not meet the individual proof-of-funds requirement.
Read full answer →No. USCIS evaluates the EB-5 based on the lawful source of the invested funds and job creation within the enterprise in the United States, not on the macroeconomic conditions of the investor's home country. Documentation requirements apply equally to all investors.
Read full answer →Generally, yes. In the EB-5 process, a child only remains a dependent while they stay unmarried throughout the entire process. Marrying after the petition is filed may cause them to lose dependent status, requiring a reassessment of the case.
Read full answer →No. There is no formal deadline to change attorneys in the EB-5 process. The switch is allowed at any time, but must be carefully planned to avoid missing critical deadlines and requires formally notifying the change of representation.
Read full answer →Not automatically, but the risk is real. In the EB-5 program, the green card is typically issued first on a conditional basis, and removing that condition depends on proving the project met its requirements. If it fails, your status may be called into question.
Read full answer →The EB-5 is not a traditional work visa. Once approved, the investor and family receive conditional residency, which already allows them to live and work in the U.S. That right comes from resident status, not from a standalone work authorization.
Read full answer →There is no automatic lawsuit just because a case was delayed. The usual path is through administrative channels; when there is significant harm, an attorney can assess legal action, which tends to be complex and time-consuming.
Read full answer →EB-5 itself does not include an environmental review in the visa process, but the funded project must comply with applicable federal, state, and local environmental laws, including any required impact assessments and permits.
Read full answer →No. The EB-5 does not require a minimum profitability rate. What matters is deploying the required investment in a qualifying enterprise that generates the jobs required by the program; financial return is not a visa approval criterion.
Read full answer →Yes. After the consular stage, the EB-5 immigrant visa typically comes as a passport stamp authorizing U.S. entry. Upon arrival, you receive the conditional green card, the card that proves your resident status.
Read full answer →Not automatically. Once EB-5 conditions are removed, permanent resident status is already established, and a subsequent business failure does not revoke the green card on its own, as long as the original requirements were met without fraud.
Read full answer →Generally, no. The accounting report from the start of the EB-5 typically needs to be updated for the I-829, because USCIS wants current evidence that the investment remains active and the jobs were created. Ask an accountant to review it.
Read full answer →
English
Português
Español
