Visto n' Visa
Frequently asked questions
Straight answers to the most common questions about the EB-5 visa.
Yes. Even when the petition is filed from abroad, biometric data collection, including fingerprints and a photo, is typically required. For those outside the U.S., it generally takes place at the American consulate or embassy where the visa is finalized.
Read full answer →Yes, but they are separate matters. EB-5 requires an investment that creates the minimum number of jobs set by the program; transferring employees from the parent company requires a dedicated work visa, such as the L-1. Confirm the requirements with USCIS.
Read full answer →Generally, there is no free choice. The interview consulate is determined by the Department of State based on the applicant's residence or jurisdiction. Transfers are only available in specific cases through official channels.
Read full answer →The 'receipt date' for the I-526 is the date USCIS officially records receiving your EB-5 investor petition. It appears on the Notice of Action (Form I-797) and marks the official start of processing for your case.
Read full answer →Under EB-5, both leasing and buying equipment are acceptable: it is a business decision that depends on cash flow, equipment type, and project strategy, as long as the investment continues generating value and jobs.
Read full answer →There is no fixed timeline. For EB-5, the time USCIS takes to review an RFE (Request for Evidence) response varies based on case complexity, documentation, and the agency's workload. Check updated processing times using the official USCIS tool.
Read full answer →As a general rule, there is no automatic annual revalidation of unemployment data for a TEA already designated under EB-5; reassessments may occur if economic indicators change significantly or the competent authority decides to review.
Read full answer →Yes, it is possible. The EB-5 minimum investment can be adjusted over time to reflect economic conditions, including inflation, through regulatory or legislative changes. This is not automatic. Confirm the current amount with USCIS.
Read full answer →Investing in cannabis through EB-5 is risky: although several states have legalized it, it remains illegal under federal law, and EB-5 is a federal program. This legal conflict calls for expert advice before any investment.
Read full answer →A bank account does not grant the green card. Opening one in the U.S. helps organize and track EB-5 capital and document the lawful source of funds, but it does not replace or speed up the green card, which requires meeting all program requirements.
Read full answer →Yes. EB-5 accepts capital from multiple sources, such as real estate sales, inheritance, and savings, as long as each source is documented as lawfully obtained, with clear records showing where the funds came from.
Read full answer →An escrow account is an account managed by a neutral third party where investment funds are held until pre-agreed conditions are met, providing security to the investor in the EB-5 process.
Read full answer →A 'troubled business' is a company facing significant financial or operational hardship, often undergoing restructuring or a sharp performance decline. In EB-5, it may count toward the job requirement, but carries greater risk and requires careful analysis.
Read full answer →There is no fixed number of days. With an EB-5 conditional green card you may travel, but the US must remain your primary residence: extended absences can signal abandonment. For long trips, consider the re-entry permit and confirm the rules with USCIS.
Read full answer →Moving to another state does not preserve the TEA automatically: you must verify whether the new location still qualifies as a Targeted Employment Area under official criteria and, if not, demonstrate eligibility or revise the plan.
Read full answer →'Deemed Export' occurs when a foreign employee's access to controlled technology, even within the U.S., is treated as an export to their home country. Employers should verify whether the role involves sensitive technology.
Read full answer →The most common proof of address documents in the U.S. are utility bills, bank statements with your address, lease or mortgage agreements, and official correspondence. Always confirm with USCIS which documents are accepted for your case.
Read full answer →Yes. USCIS may schedule an interview for the I-485 (adjustment of status), including in EB-5 cases. In some situations the interview is waived, but that depends on the complexity of the case and the documentation submitted.
Read full answer →EB-5 requires creating a minimum number of full-time jobs for U.S. workers. They can be direct (through your own business) or indirect (via a regional center). Confirm the current requirement with USCIS.
Read full answer →In EB-5, 'credit to job creation' is the mechanism that allows counting indirect and induced jobs, in addition to direct ones, when the investment goes through a Regional Center, recognizing the project's broader economic impact.
Read full answer →Not necessarily. Although English is the official language of U.S. immigration proceedings, many consulates allow the EB-5 interview to be conducted in the local language or with an interpreter. Rules vary by jurisdiction, so confirm with the responsible consulate.
Read full answer →Yes, you can give up your green card: there is a formal procedure with USCIS to register the abandonment of permanent residence. The choice means losing your green card rights and may have future tax and immigration implications.
Read full answer →It depends, and it is not automatic. In EB-5, what matters is whether the position fits the immigration authorities' definition of employment; a simple outsourced arrangement is not always recognized as a direct job. Each case is analyzed based on the business structure.
Read full answer →Yes. EB-5 allows direct investment, where you place capital into your own business and take an active role in its operation, as well as the alternative through a regional center. Both paths require generating the number of jobs the program mandates.
Read full answer →EB-5 does not prohibit hiring relatives, provided they are genuine employees with real roles and actual working hours. Purely nominal positions created only to meet the job-creation requirement tend to be questioned by USCIS.
Read full answer →Not necessarily. A divorce in progress in Brazil does not automatically block the EB-5, but transparency is required: disclose the situation and document the current stage. Authorities may request clarification on marital status and family ties.
Read full answer →Yes, it is possible. I-829 approval removes the conditions on your green card and strengthens your status, but it is not an absolute shield: a permanent resident can still face removal proceedings for immigration violations or serious crimes.
Read full answer →Once the I-829 is approved, you already hold permanent resident status without conditions, and the green card is typically mailed in the following periods. The timeline varies case by case; track your status on the USCIS website.
Read full answer →When filing the I-526, there is no requirement to transfer funds or move a minimum amount: the focus is on proving the lawful source and availability of the capital. The transfer typically occurs in later stages of the EB-5 process.
Read full answer →There is no fixed timeline: the time to schedule the consular interview for EB-5 varies based on the responsible consulate, local demand, and case specifics. Monitor progress directly with the consulate and through official sources.
Read full answer →The filing date and final action date are Visa Bulletin dates: the filing date marks when the petition enters the queue and the final action date indicates when the case can receive a final decision, based on visa availability.
Read full answer →Yes, generally. Under EB-5, proceeds from a sale of an equity stake can fund the investment, as long as you document their lawful origin with contracts, bank statements, and tax records, and the funds are fully available.
Read full answer →Yes, in practice. After removing conditions, the EB-5 investor becomes a permanent resident with no expiration on the status. However, it is not fully irrevocable: it can be lost through abandonment or violations, and the physical card must be renewed periodically.
Read full answer →EB-5 capital must remain 'at risk' throughout the conditional residence period, until you demonstrate that requirements are met and apply for removal of conditions. The exact timeframe depends on the project and current rules, so confirm with USCIS.
Read full answer →Generally, yes: it is possible to take out a mortgage on a property in the U.S. For the EB-5 investor, the main concern is documenting the source of funds and maintaining compliance with the process rules.
Read full answer →There is no mandatory recurring government fee to maintain permanent resident status. Over time, costs may arise, such as renewing the green card, a potential naturalization application, and annual U.S. tax obligations.
Read full answer →EB-5 Regional Centers operate under USCIS supervision with transparency and accountability obligations, and some undergo independent audits. Because oversight rules can change, verify the center's conduct and consult official sources.
Read full answer →In the EB-5 program, a Site Visit is an on-site inspection to verify that investor capital is being deployed according to the approved business plan and that job creation goals are being met.
Read full answer →Yes. With a green card, you become a U.S. tax resident and must generally report your worldwide income each year, including earnings from outside the country. Tax treaties may reduce the burden. Confirm with the IRS and a tax professional.
Read full answer →Portuguese citizenship grants access to the VWP, but the program is for temporary visits without immigrant intent. With an active EB-5, that intent may conflict with VWP rules and lead to questioning or even denial of entry.
Read full answer →If your Regional Center disappears after your EB-5 investment, gather and organize all documentation (contracts, proof of investment, correspondence) and seek specialized guidance. Monitor official communications from the authorities for next steps.
Read full answer →USCIS estimates EB-5 indirect jobs based on the investment's economic impact on the region, using economic models that project how the capital infusion drives suppliers, services, and the productive chain around the enterprise.
Read full answer →After an approved I-526, changing your business type (for example, from a restaurant to retail) is not simple: it may affect the plan and job creation that supported the petition. The new model must still meet EB-5 requirements and be carefully evaluated.
Read full answer →Investing in a company that already has 20 employees does not bar EB-5 eligibility: what matters is that your investment generates the required number of full-time jobs, supported by a solid and realistic business plan.
Read full answer →Hiring relatives is not prohibited under EB-5, but each position must be genuine: a real, full-time role that is necessary to the operation. If the position appears created solely to meet the job requirement, it may not be accepted.
Read full answer →Yes. In the EB-5 program, investment profits can be part of the required funds, as long as you demonstrate a lawful source and document the full trail of the resources from the original source to the invested capital.
Read full answer →Getting married does not cancel a derivative child's EB-5 conditional green card. However, the new spouse is not automatically included in the process and would need a separate petition, and the change in marital status must be reported to USCIS.
Read full answer →Yes. The EB-5 does not restrict the investment sector, so high tech is allowed, provided the capital goes into a qualified commercial enterprise with a concrete job creation plan in the U.S.
Read full answer →Moving to another state during the EB-5 conditional phase does not interrupt the process, as long as you meet the program's obligations: keep your address updated with USCIS and ensure the investment continues generating the required jobs.
Read full answer →There is no fixed timeline: the time to a decision on the I-829 varies by service center, case complexity, and the volume of petitions at USCIS. Check the USCIS processing times tool for a current estimate.
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