Visto n' Visa
Frequently asked questions
Straight answers to the most common questions about the EB-5 visa.
As a general rule, the USCIS reviews EB-5 petitions through submitted documentation and does not conduct routine on-site inspections, but may carry out additional verification when questions or signs of irregularity arise.
Read full answer →The EB-5 does not decide this. Obtaining U.S. residence through the EB-5 does not, on its own, revoke your home-country citizenship: whether there is any loss or dual citizenship is determined by your country's law.
Read full answer →Not as a whole. Florida does not automatically receive the TEA designation: the classification applies to specific areas (rural or high unemployment), so it depends on the exact location of the project. Confirm the designation with the USCIS.
Read full answer →It may be possible, depending on the stage. If the principal investor dies early on, continuity becomes harder because the investment foundation is undermined. At advanced stages, mechanisms may allow the spouse to continue, with USCIS evaluating each case.
Read full answer →Yes, there is a federal minimum wage in the U.S., established by the Fair Labor Standards Act (FLSA) as a national floor. Many states and cities set higher rates, so confirm the current floor with the Department of Labor (DOL).
Read full answer →The main agency in the EB-5 program is USCIS (United States Citizenship and Immigration Services), responsible for reviewing and deciding investment-based immigration petitions and verifying that program requirements have been met.
Read full answer →In the EB-5 there is no maximum number of dependents. The spouse and unmarried children within the applicable age limit may be included, provided each one fits the dependent categories defined by USCIS.
Read full answer →Yes. You can track the performance of an EB-5 Regional Center through project indicators, reports, and updates sent to investors, and by checking its USCIS certification status.
Read full answer →There is no automatic extension. If the project falls behind on hiring, any significant change to the timeline must be documented and reported to the authorities, who review each case individually. Confirm current procedures with USCIS.
Read full answer →Generally, at the same time. Included as a dependent on the lead investor's EB-5 petition, the spouse typically receives the conditional green card through the same process, via adjustment of status or consular processing, on similar timelines.
Read full answer →The I-526E Petition is the filing through which an EB-5 investor demonstrates having met the program requirements: an investment in an eligible job-creating enterprise, funded from a lawful source.
Read full answer →Yes. The I-829 has a specific window for filing, tied to the end of the conditional green card's validity period. It is a strict deadline, and missing it can put your status at risk. Confirm the exact dates with USCIS.
Read full answer →Yes, the source-of-funds investigation in EB-5 is rigorous: you must prove the lawful origin of the money with detailed and consistent documentation, such as bank records and transaction histories. Inconsistencies can delay the case.
Read full answer →In EB-5, it is generally not the investor who submits reports to USCIS: that responsibility typically falls on the project sponsor (regional center or developer). The investor's role is to monitor progress and keep copies of those records.
Read full answer →In EB-5, Processing Time is the time that agencies such as USCIS take to review and decide on a petition. It is not fixed: it varies with the volume of cases, the complexity, and the processing center. Monitor the estimates on the USCIS website.
Read full answer →Not always. Buying an operating hotel generally does not allow you to count existing jobs toward EB-5: the program typically requires new positions. Counting current jobs is only possible in specific cases, such as restructuring a 'troubled business' or planned expansion.
Read full answer →It can. The USCIS considers publicly available information when reviewing EB-5 cases and may, in some cases, request links to your open profiles. The focus is only on what is public; the key is maintaining consistency between your online presence and your declarations.
Read full answer →Yes. To establish the lawful source of funds in the EB-5 process, USCIS may review business records and financial transactions abroad, including in Brazil, based on submitted documents or additional inquiries.
Read full answer →In general, there is no automatic 'second chance.' If the EB-5 job creation requirement is not met on time, it can jeopardize the removal of conditions on permanent residence. USCIS applies strict scrutiny, and each case is reviewed individually.
Read full answer →Generally, no: employees subleased from another company, formally employed by a third party, typically do not count as direct job creation under EB-5. Only positions created and maintained directly by the enterprise you funded tend to qualify.
Read full answer →In EB-5, each investor must show the capital is their own and has a lawful source, so pooling funds from third parties for a single applicant is not allowed. Multiple investors can join the same project, but each one qualifies independently.
Read full answer →The EB-5 evaluates economic impact and job creation, not immediate profit. A project without profit can still meet the immigration objective if it generates the required jobs, though financial health matters for sustaining those positions.
Read full answer →Yes. As a permanent resident, you can volunteer at NGOs in the U.S. Volunteering is generally open to green card holders; the key is to avoid any arrangement that looks like unauthorized paid employment. When in doubt, confirm the rules with the organization.
Read full answer →Possibly, but strict rules apply. In EB-5, financing part of the capital is allowed, but the full investment must be 'at risk' and under your control. Contributing only US$400 mil of personal funds may not be enough if the debt is not well structured.
Read full answer →Job creation under EB-5 is proved with evidence that the positions resulted from the investment: payroll records, tax returns, financial statements, and employment contracts, following the counting method applicable to the project.
Read full answer →Yes. A Regional Center is a private entity and, like any business, can face financial difficulties or shut down if its project does not succeed. Reviewing the center's track record and soundness before investing through EB-5 is essential.
Read full answer →Form I-526 has an official filing fee charged by USCIS, but the amount changes over time and should not be stated here. The safe approach is to check the updated fee schedule directly on the USCIS website before filing under EB-5.
Read full answer →Form I-956 is a form associated with the regional center structure of the EB-5 program, not with the investor's individual routine petitions such as I-526 and I-829. Confirm its current purpose and use with USCIS.
Read full answer →A common name does not prevent the EB-5 process. The key is to keep your documentation standardized and consistent, and to reinforce your identity with details like date of birth and passport number, making verification easier for the responsible agencies.
Read full answer →There is an age limit: to qualify as dependents in the EB-5, children must be unmarried and within the age range defined by immigration law. The Child Status Protection Act (CSPA) may help preserve eligibility in certain cases.
Read full answer →Yes. In EB-5 cases, USCIS evaluates translation clarity: an incomplete, confusing, or error-filled translation can lead to requests for clarification or outright denial. Submit complete, accurate, and certified translations.
Read full answer →In the EB-5 program, purchasing real estate solely to resell it generally does not meet the job creation requirement. To qualify, the investment must involve a structured commercial enterprise that demonstrates job creation in the U.S.
Read full answer →No. The EB-5 has no quota that singles out Brazilians; the same rules apply to investors of any nationality. As in other green card categories, issuance may be subject to annual and per-country limits. Check the Visa Bulletin and USCIS.
Read full answer →USCIS does not indiscriminately search international accounts in EB-5; the focus is on proving the lawful source of the invested funds. If the origin is unclear, USCIS may request additional information. Organized documentation is essential.
Read full answer →No. FGTS is an exclusively Brazilian labor benefit and does not exist in the United States. Worker protection there relies on social security contributions and retirement plans that vary by employer and state.
Read full answer →Yes. An EB-5 petition can be denied if USCIS finds the investment project unviable, due to weaknesses in financial structure, economic feasibility, or the job-creation plan. A solid, well-documented business plan is essential to reduce that risk.
Read full answer →In most cases, yes. The EB-5 does not require hands-on daily management or living near the project, as long as you maintain the required managerial involvement, which many projects, especially through regional centers, are structured to allow remotely.
Read full answer →Yes. Documents not in English generally require a complete certified translation, with the translator attesting to accuracy and linguistic competence. Confirm the required format in the official USCIS guidelines.
Read full answer →Brazil does not charge an 'exit tax' just because you emigrate. When closing your tax residency, however, there are obligations to meet, such as a final income tax return and resolving any pending matters. Confirm the details with the Receita Federal or an accountant.
Read full answer →There is no strict rule requiring a completed deposit before submitting the I-526, but you must show that your funds are committed and 'at risk', typically already placed in escrow or transferred to the EB-5 project.
Read full answer →In general, very young children are typically exempt from the consular interview when the EB-5 visa is processed with their parents'. This varies by consulate, and the consular officer may request the child's presence. Confirm the rules with the consulate.
Read full answer →Yes, investing in airlines through EB-5 is possible. The sector itself is not what decides: the investment must meet the program's requirements, especially the minimum required number of jobs. Evaluate the structure with a specialist.
Read full answer →Yes. The EB-5 program allows investment in technology startups, provided the venture generates the required qualified jobs and follows USCIS guidelines. Proving that job creation is the most sensitive aspect of this type of investment.
Read full answer →No. The EB-5 is a federal program and does not require the investor to live in the state where the capital was invested. What matters is that the investment meets the program's requirements, such as job creation.
Read full answer →Yes. In EB-5, you may include as dependents a spouse and unmarried children within the program's age limit. They are tied to the same petition. Other relatives, such as parents or siblings, cannot be included.
Read full answer →In EB-5, there is no extra discount for rural areas over urban ones: the TEA designation reduces the minimum investment, and that reduction applies to any area meeting the economic criteria. Verify current amounts with USCIS.
Read full answer →Generally no, not broken down by center. USCIS publishes aggregated EB-5 reports but does not typically detail each Regional Center's approval rate. Check the USCIS website for available data and review it with specialized counsel.
Read full answer →After approval, the EB-5 investor receives an immigrant visa, enters the U.S., and becomes a conditional permanent resident. The physical green card is then mailed by USCIS to the address on record.
Read full answer →The EB-5 security screening covers the verifications the U.S. government conducts on the investor: background checks by agencies such as the FBI, document review, and collection of biometrics such as fingerprints.
Read full answer →Yes. Beyond the USCIS fee, EB-5 typically involves costs such as Department of State fees at the immigrant visa stage (DS-260), medical exams, attorney fees, and regional center administration charges. Confirm amounts through official sources.
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