Visto n' Visa
Frequently asked questions
Straight answers to the most common questions about the EB-5 visa.
In EB-5, the level of management depends on the structure. Via a Regional Center, the investor typically plays a passive role, with professional managers handling operations; with a direct investment, active participation in business decisions is expected.
Read full answer →The TEA (Targeted Employment Area) designation is made by competent authorities, generally state agencies or economic development entities, following parameters tied to USCIS, sometimes with direct state government involvement.
Read full answer →Not opening a business after I-526 approval can jeopardize your EB-5 case: without the operation that creates jobs, the requirements go unmet and the next step toward residency may be blocked.
Read full answer →Yes, it is possible. Brazil allows dual citizenship, and in the U.S. pathways such as the EB-5 first grant permanent residence; after the qualifying residency period and naturalization requirements are met, you can pursue U.S. citizenship.
Read full answer →For EB-5, USCIS treats a 'full-time job' as a full-time position: one with enough weekly hours to qualify as dedicated, sustained employment rather than part-time work. The exact standard is in the official USCIS guidelines.
Read full answer →You can, but rarely on its own. In the EB-5 process, an inventory helps show net worth, but what matters most is proving liquidity and lawful source of funds through bank records, tax returns, and ownership documents. Confirm requirements with USCIS.
Read full answer →The EB-5 conditional green card is granted for a limited and defined initial period. Near the end of that period, you file the I-829 to remove conditions. Confirm the exact duration with USCIS.
Read full answer →To change attorneys during the EB-5 process, review your current contract (termination clauses, notice requirements, and costs), communicate your decision in writing, request a full copy of your case, and hire a new attorney with EB-5 experience.
Read full answer →For USCIS, an 'at-risk' investment is one where capital is subject to market uncertainties, with no guarantee of return or restitution: the investor assumes real risk of loss, demonstrating genuine commitment to the EB-5 venture.
Read full answer →In EB-5, RFE (Request for Evidence) and NOID (Notice of Intent to Deny) are USCIS notifications. An RFE requests additional documents and approval remains possible. A NOID signals intent to deny unless the response addresses the identified issues.
Read full answer →Yes. In the EB-5 program, you must prove that the invested funds come from a lawful and traceable source, showing through documentation how the capital was obtained. This requirement helps prevent fraud and is mandated by U.S. immigration authorities.
Read full answer →The difference lies in the degree of management involvement. With 'active investment', the investor participates in administration and business decisions; with 'passive investment', capital is contributed without touching daily operations, focusing on returns.
Read full answer →No: under EB-5, the law does not set a total minimum fundraising amount for a Regional Center project. Each investor must meet the individual minimum contribution (lower in targeted employment areas), and the project must meet the job creation requirement.
Read full answer →In a Regional Center, job counting goes beyond direct positions: it includes indirect and induced jobs estimated through economic impact models based on the project's business plan. Everything must be documented per USCIS standards.
Read full answer →Yes. USCIS can request documents to verify your U.S. residence, such as proof of address, utility bills, contracts, and financial records, and cross-reference them with official records to confirm a genuine and continuous tie to the country.
Read full answer →As a general rule, no: the EB-5 does not typically require 'revalidation' of documents at the American consulate. The key is that Brazilian documents are apostilled, translated into English when required, and authenticated. Confirm requirements with USCIS.
Read full answer →No. The USCIS does not adjust for inflation the number of jobs required under EB-5: that figure is a fixed threshold set by the program, regardless of economic conditions. The minimum investment amount may be reviewed periodically by the authorities.
Read full answer →For your I-526 interview, bring personal identification documents, evidence of your investment, proof of the lawful source of funds, and business records. Your USCIS notice may request case-specific items.
Read full answer →No. Under the EB-5, the required jobs must be filled by workers already authorized to work in the United States. Bringing in foreign labor from abroad to fill those positions does not meet the requirement, which aims to generate local jobs.
Read full answer →EB-5 allows unmarried children to be included as dependents, provided they are within the age limit set by U.S. immigration rules. The Child Status Protection Act (CSPA) may, in certain cases, protect that eligibility during the process.
Read full answer →In the EB-5 program, there is no visa limit per family: the eligible spouse and children accompany the investor's petition without a separate count. Annual issuance limits by category and country apply, subject to availability.
Read full answer →Yes, you can use savings accumulated over a lifetime for the EB-5, as long as you prove the lawful origin of those funds. You must document where the money came from, such as wages, profits, and investments, with clear and organized records.
Read full answer →Not comprehensively. The official language of USCIS processes, forms, and communications is English; some materials may exist in other languages, especially Spanish, but Portuguese support is limited. Always check the official USCIS website.
Read full answer →The EB-5 program has no sponsor figure like other visas: the investor is the petitioner and must contribute the required capital, proving that the funds are lawfully sourced and legally attributable to them.
Read full answer →You can travel, but a green card requires keeping the U.S. as your primary residence. Moving permanently abroad may be seen as abandonment and lead to loss of status. For long absences, a reentry permit helps.
Read full answer →In the EB-5, tax documents prove that the invested capital was declared and taxed. They typically include recent income tax returns, tax payment receipts, and accounting records and bank statements showing the source of funds.
Read full answer →The law does not set a fixed deadline to invest capital after I-526 approval. The requirement is that the investment be 'at risk', meaning irrevocably committed to the EB-5 project.
Read full answer →Generally, it is not the best fit. EB-5 requires capital 'at risk', subject to losses, and financing such as BNDES loans typically carries repayment guarantees that conflict with this principle. The source of funds must also be lawful and well documented.
Read full answer →If the EB-5 project ends before the required period, the investor typically needs to reinvest the capital in another qualifying venture, keeping the funds at risk and job creation ongoing. Verify the exact rules and timelines with USCIS.
Read full answer →There is no fixed number. For EB-5, you must provide enough bank history to prove the lawful source and availability of the invested funds. The period varies by case, so confirm current requirements with USCIS.
Read full answer →It may be possible, depending on how the investment is structured. In some structures, franchise jobs count toward EB-5, provided the relationship between the franchisor and the franchise units and the job creation are well documented.
Read full answer →Use the same passport you submitted when filing your EB-5 petition, the one already on file with the U.S. consulate. Keeping that document consistent across every step avoids questions about your identity and status.
Read full answer →Yes, it is possible. For EB-5, authorities may request tax payment records or tax returns from Brazil to show that the invested funds have a lawful origin and were properly taxed in the country of origin.
Read full answer →After I-526 approval in the EB-5 program, there are two paths: consular processing, for those outside the U.S. who apply for an immigrant visa at a consulate, or adjustment of status, for those already lawfully in the country.
Read full answer →Not in the sense of a simple renewal. The EB-5 conditional green card is not extended: near the end of the conditional period, you file a petition to remove conditions and, if approved, the status becomes full permanent residence.
Read full answer →It depends on the case. Common documents include reference or employment letters, work contracts, proof of compensation, and a resume with certificates, to demonstrate experience and employment ties. The exact list varies by case and USCIS review.
Read full answer →No. The immigration medical exam must be performed by an authorized professional, not at any clinic. Abroad, that is a 'panel physician' accredited by the consulate; in the U.S., a 'civil surgeon' recognized by USCIS.
Read full answer →No. EB-5 does not require the investment to involve technology or a patent. The central criterion is the capital invested and the economic impact, especially the required job creation, in any legitimate sector (hospitality, retail, manufacturing, and others).
Read full answer →There is no fixed maximum number of RFEs in EB-5: USCIS may issue as many as needed to clarify aspects of the case, such as source of funds or project viability. Receiving an RFE does not mean automatic denial.
Read full answer →To find out if your investment qualifies as a TEA (Targeted Employment Area), confirm that the project's location meets the USCIS definition, based on official maps and data, and that the project demonstrates the required job creation.
Read full answer →For EB-5, USCIS requires a certified translation for documents not in English, including a translator's statement of proficiency and accuracy. Copies of the certified translation are generally accepted; confirm instructions, as some cases may require originals.
Read full answer →In the EB-5 program, the core labor requirement is job creation: the investment must generate full-time jobs for U.S. workers. The focus is not on hiring the investor, but on the enterprise creating and documenting new positions.
Read full answer →It depends on your tax residency. Moving to the U.S. means settling your situation with Receita Federal, Brazil's federal tax authority, including the 'saída definitiva' procedure, to determine how IRPF applies. Consult an international tax specialist.
Read full answer →Yes. In the EB-5 program, you can combine funds from multiple accounts or sources, as long as you document the lawful origin of each portion. USCIS reviews not how many accounts were used, but whether all capital can be traced to a legal source.
Read full answer →Yes. It is possible and common to renew your Brazilian passport at Brazil's consulates in the US, which helps EB-5 visa holders keep their documents current. The process depends on your consular jurisdiction: check scheduling, documents, and fees on the official website.
Read full answer →Yes. If the I-829 is not filed on time, you risk losing your conditional permanent resident status and jeopardizing your path to permanent residence under EB-5. Monitor your USCIS notifications.
Read full answer →Yes, this stereotype exists, fueled by isolated high-profile cases. It does not represent the majority of EB-5 Regional Centers, which operate within the rules and under oversight by agencies such as USCIS.
Read full answer →It depends on the project contract. EB-5 requires keeping capital at risk throughout the required period; once goals are met and conditions on residence removed, a sale may be possible, but many projects set a longer holding period. Confirm before selling.
Read full answer →As a rule, no. If the I-829 was filed on time and is pending, your conditional resident status remains recognized even if the physical card expires during the review. You do not become 'illegal' while awaiting the USCIS decision.
Read full answer →In principle, yes: you can use your company's shares as collateral for a loan and direct those funds to the EB-5, provided you document the lawful source of the capital and it remains 'at risk' in the project.
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