Visto n' Visa
Frequently asked questions
Straight answers to the most common questions about the EB-5 visa.
Children can be included as dependents in an EB-5 case if they are unmarried and within the age limit. Reaching that limit during the process may cost them eligibility, but the Child Status Protection Act (CSPA) protects some cases.
Read full answer →No. No return is guaranteed under EB-5, not even through Regional Centers: the investment is, by definition, at risk and depends on market conditions and management. A promise of guaranteed returns is a red flag, as it falls outside the program's rules.
Read full answer →Yes, it is generally possible to maintain a passive financial investment company during the EB-5 process, as long as it complies with applicable laws and the project capital comes from lawful, documented sources.
Read full answer →A conditional green card grants permanent residence subject to conditions that are later removed, while a temporary visa authorizes a limited stay for a specific purpose, with no intent to establish permanent residence.
Read full answer →Yes. When USCIS denies an EB-5 petition, the decision is issued in writing and details the reasons, indicating which requirements were not met. The notice helps identify the issues and evaluate next steps, such as an appeal or a new petition.
Read full answer →Yes. In EB-5, inheritance can be used as a source of capital, including one received recently, as long as you document the lawful origin of the funds and the chain of custody with adequate records.
Read full answer →USCIS does not require a separate document called 'projected balance sheets,' but the EB-5 petition requires a detailed business plan that typically includes financial projections. Presenting them strengthens the filing and demonstrates the project's viability.
Read full answer →Start with the official source: USCIS maintains the list of approved Regional Centers for the EB-5 program. Confirm the Center appears on that list, research its history and previous projects, and conduct due diligence with specialized support.
Read full answer →Yes, you can travel. With the conditional green card through EB-5, you are a lawful permanent resident and may leave and return to the U.S. Keep the country as your primary residence: long or frequent trips can raise questions at reentry. Maintain proof of ties.
Read full answer →To check EB-5 visa availability for your country, consult the U.S. Department of State Visa Bulletin and monitor USCIS: availability varies by category and country, and you compare your priority date with the published cutoff.
Read full answer →Yes, you can open a construction company under EB-5 and count job-site workers, as long as they qualify as direct, full-time jobs under program standards. This typically requires a well-documented business plan.
Read full answer →Yes. Missing the I-829 interview without justification is treated as non-compliance and can lead to delays or denial of your petition, jeopardizing the removal of conditions and your status. If you cannot attend, contact USCIS to reschedule.
Read full answer →In practice, yes: having more than one residential address is possible. For EB-5, what matters is accurately reporting your primary address and keeping your information consistent, updating USCIS whenever you move.
Read full answer →Yes, it is possible. The green card requires keeping the U.S. as your primary residence, and long or frequent absences may be seen as abandonment of residence. For extended trips, a Reentry Permit helps protect your status. Confirm the rules with USCIS.
Read full answer →Redeployment is the reallocation of capital into another qualifying venture when the original project ends before the required investment period. It keeps funds at risk and generating jobs, preserving the EB-5 requirements.
Read full answer →Yes, health-related projects such as clinics can qualify under EB-5: the program does not restrict the sector, as long as the investment creates the required number of jobs for U.S. workers and follows the rules. A solid business plan is essential.
Read full answer →You can use the hotel address as your mailing address at first, as long as it reliably receives your official notifications. Once you have a stable residence, update your address with USCIS within the required timeframe.
Read full answer →No. The EB-5 does not require proof of English proficiency: applicants do not need to submit tests or certificates to qualify. The program focuses on investment and job creation, not language ability.
Read full answer →Not based on political opinion or party affiliation alone. USCIS evaluates eligibility and national security, so an EB-5 petition may be denied if there is concrete evidence of a security risk, not due to political preferences.
Read full answer →No. The EB-5 program has no formal requirement to prove pre-hiring before the investment is approved. What matters is a solid business plan showing how the required jobs will be created once the project begins operations.
Read full answer →No. USCIS does not require an 'escrow holdback' as a condition for reviewing or approving an EB-5 petition. It is a contractual practice adopted by some projects for added security, not a requirement imposed by the agency.
Read full answer →No. The I-526 does not have a dedicated field for debt history; it focuses on the lawful source of funds and investment viability, though outstanding debts may surface in the supporting documents.
Read full answer →The Offer Memorandum is the document that presents an EB-5 investment project in detail: project description, use of funds, projections, risks, and conditions. It helps investors make an informed, transparent decision.
Read full answer →Yes. In the EB-5, you may use funds from cryptocurrency sales as long as you document the lawful source and the complete trail of the capital, from asset acquisition through conversion and transfer to a bank account.
Read full answer →Yes, you can open a retail store with EB-5, as long as the business is real and active, generates the required jobs, and the capital has a documented lawful source. The business plan must demonstrate viability and economic impact.
Read full answer →Under EB-5, a rural 'targeted employment area' (TEA) is a region recognized as rural by U.S. authorities, outside major urban centers and with low population density. Investing in these areas typically offers more accessible conditions to encourage local development.
Read full answer →Proof comes from documentation linking the investment to the jobs created: payroll records, employment contracts, employee records, and tax reports organized according to USCIS criteria. Evaluation is case by case.
Read full answer →EB-5 investors generally pursue self-sufficiency and do not rely on public benefits. Many government aid programs have eligibility rules tied to immigration status, so confirm each program through official sources.
Read full answer →No. The EB-5 conditional green card was not designed to be renewed multiple times: the intended path is to file for removal of conditions and reach full permanent residence, not to extend temporary status repeatedly.
Read full answer →Yes. Cryptocurrency profits can be used for the EB-5, as long as they have a lawful origin and are well documented. The key is proving the source of the funds with transaction records showing the gains were obtained legally.
Read full answer →For short trips, no: you re-enter the U.S. with your conditional green card, without a separate visa. For extended absences, it may be prudent to obtain a reentry permit before leaving, to show you have not abandoned your residence.
Read full answer →It depends on the state. Each DMV sets its own rules for converting a foreign CNH. Residents generally need a state-issued license; those on a temporary stay can often drive with a foreign license for a limited time. Check with your local DMV.
Read full answer →No. EB-5 requires investing in a new commercial enterprise that creates jobs, so purchasing shares of established publicly traded companies like Apple or Microsoft does not meet the program's requirements.
Read full answer →In the U.S., intercepting communications in financial crime investigations requires judicial authorization and oversight, and agencies such as the FBI may use these tools. For EB-5, the key is maintaining lawful, transparent funds.
Read full answer →The Visa Bulletin is the Department of State's monthly publication showing which priority dates are current by visa category and country. For EB-5 applicants, it helps gauge when a case may advance in the process.
Read full answer →For the EB-5, USCIS does not require a surety bond or performance bond for the visa. When they appear, these guarantees are typically contractual requirements of the investment project, not of the immigration process.
Read full answer →To satisfy USCIS in the EB-5, your cash flow must prove two things: that the capital has a lawful source and that it will be disbursed toward the required job creation. Document the origin and trail of funds and link each expenditure to the project phases.
Read full answer →It may accept one, but rarely as a standalone document. In EB-5, a foreign accountant's letter is part of the package proving lawful source of funds, supported by financial records, and typically requires a certified translation if not in English.
Read full answer →Yes. A medical examination is generally required for those seeking permanent resident status in the United States, including EB-5 applicants. It must be performed by a U.S. government-authorized panel physician and covers health and vaccination requirements.
Read full answer →In the EB-5 program, the conditions removal petition must be filed within a window defined by law, near the end of the conditional residency period. Prepare your documentation (investment and job creation) in advance and confirm the exact deadlines with USCIS.
Read full answer →It is possible, but it requires caution. Since the I-526 is reviewed based on the project you submitted, switching projects mid-process under EB-5 may require substantially amending or restarting the petition.
Read full answer →Removing conditions with the I-829 in the EB-5 follows a few steps: gather evidence that the investment created the required jobs, carefully complete and file the petition, and respond to any USCIS requests until the final decision.
Read full answer →In principle, yes. EB-5 requires proving the lawful source of funds, so lottery winnings can qualify if they are legal, properly taxed, and well documented, with records showing the full money trail.
Read full answer →As a rule, no. There is no random interview program after the green card is issued; the EB-5 already includes an interview during the petition review. In exceptional cases, a review may occur due to inconsistencies. Keep your documentation in order.
Read full answer →In theory, a Brazilian publicly traded company can be used as an EB-5 investment vehicle, provided the structure meets program requirements and the capital generates the required jobs in the U.S. Each case requires detailed analysis.
Read full answer →There is no fixed denial rate for the I-829: the rate varies by period and by the quality of each case. Well-documented petitions are typically approved, but current figures should be verified against official USCIS statistics.
Read full answer →There is no fixed processing time for the I-526: the timeline varies based on USCIS workload, case complexity, and documentation. Check the updated processing times on the USCIS website.
Read full answer →Yes. You can change attorneys even in the middle of your EB-5 process. Review your current agreement, understand the termination clauses, and make sure the transition does not affect ongoing deadlines. Prioritize an experienced professional.
Read full answer →Yes, a holding company with multiple businesses can aggregate the required jobs for EB-5, as long as the structure shows that the ventures, together, create the necessary positions and each one has a direct link to your investment.
Read full answer →A rural TEA under EB-5 is generally defined as an area outside metropolitan regions and urban clusters above a certain population size, based on U.S. Census Bureau data. Confirm the updated criteria with USCIS.
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