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Frequently asked questions
Straight answers to the most common questions about the EB-5 visa.
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Read full answer →G-28 is the form that notifies USCIS and other agencies that an attorney or accredited representative is acting on your behalf. It centralizes official communication for your immigration case, including EB-5, through your designated representative.
Read full answer →Yes. The immigration medical exam includes screening for communicable diseases, and tuberculosis is part of that standard evaluation, conducted by an authorized physician. Confirm current requirements with USCIS or the U.S. consulate.
Read full answer →Yes. In the EB-5 program, inheritance can serve as a source of funds, as long as you prove the lawful and clear origin of the money. You must document the legal chain with items such as a will, probate records, and proof of asset transfer.
Read full answer →Yes, technically you can open a sole proprietorship consulting business in the U.S. With an EB-5, however, that activity must align with the investment supporting the visa and the program's job creation requirements.
Read full answer →Generally, yes. In EB-5, if USCIS identifies accounting inconsistencies, you can typically correct or clarify them with additional documentation or revised records. Options vary depending on the stage of the process, sometimes through an RFE.
Read full answer →Yes. You can change your legal name in the U.S. even with a conditional green card. It is a state-level process, generally through a court petition, after which you update your official documents, including the green card, to reflect the new name.
Read full answer →In Regional Centers, EB-5 returns follow the contract terms and may include profit distributions and return of capital, but are not guaranteed: they depend on the project and market performance, with the risks inherent to the private sector.
Read full answer →Adjustment of Status (AOS) is the process that allows someone already in the U.S. to become a permanent resident (green card) without leaving the country for consular processing. In EB-5, it is the stage where the investor moves from temporary status to residency.
Read full answer →For formal representation before USCIS, generally no. Only lawyers licensed to practice in the United States (or accredited representatives) can officially handle your case. A Brazilian lawyer can advise you, but cannot formally represent you.
Read full answer →Yes. In the EB-5, family members can help manage the business, as long as each person's role is clear and documented. What the USCIS evaluates is the investment and the required job creation, not who participates in management.
Read full answer →In general, it is advisable to have the company formally incorporated before filing the I-526, as this reinforces the seriousness and structure of the EB-5 investment project. The strategy may still vary on a case-by-case basis.
Read full answer →In the EB-5 program, the conditional green card is the initial stage, with status tied to proof of investment and job creation. After conditions are removed, it becomes permanent, with full residency rights. Confirm with USCIS.
Read full answer →Completing the removal of conditions within the timeframe the law allows converts conditional residence into full permanent residence: greater stability, no risk of losing your status, and a simpler path to citizenship.
Read full answer →As a rule, no. The I-526 petition stage in the EB-5 is typically decided through documentary review, with no mandatory in-person interview. USCIS may request clarification or schedule an interview if questions arise.
Read full answer →Obtaining permanent residence in the U.S. through EB-5 does not, by itself, cause you to lose your Brazilian citizenship. Maintaining dual nationality depends on your home country's rules, so confirm the details through official Brazilian sources.
Read full answer →No. In EB-5, job creation does not need to be documented month by month. What matters is demonstrating, over the project period, that the required number of jobs was created or that there is a clear, verifiable plan to do so.
Read full answer →EB-5 rules do not require an independent audit of employment records, but it is generally a good practice: it reinforces the credibility of job creation data and helps avoid challenges during the review.
Read full answer →Yes. A green card lets you live and work legally in the United States without applying for citizenship, including through EB-5. You just need to maintain your permanent resident status, renew the card when due, and keep effective residence. Naturalization is your choice.
Read full answer →There is no fixed list: the RFE specifies exactly what is missing in each case. In EB-5, it commonly requests proof of the lawful source and path of funds, business and business plan documents, and the investor's personal documentation.
Read full answer →In the EB-5 direct investment route, you are not required to work in day-to-day operations or manage the business hands-on. However, you must maintain an active oversight role and ensure the investment creates the required number of jobs.
Read full answer →Yes. In EB-5, the company receiving the investment can have more than one owner. Sole ownership is not required: partnerships and joint ventures work, as long as each investor's contribution is clearly identified and generates the required jobs.
Read full answer →Possibly, but with caution. In the EB-5, what matters is how capital is structured. A silent partnership (SCP) can make it harder to clearly demonstrate direct investment and job creation. Work with a specialist and confirm requirements with USCIS.
Read full answer →Yes. Even after approving the I-526, USCIS may request additional documents if questions arise about submitted information, if there are updates to the investment, or if further verification is needed at later stages of the EB-5 process.
Read full answer →Yes. A conditional green card proves permanent residence while valid and is generally accepted for school enrollment, though each district may also require address documents such as utility bills or a lease.
Read full answer →There is no monetary fine for incomplete documentation in EB-5. The consequence is typically indirect: requests for additional evidence, delays, and in more serious cases, denial of the petition. Prepare your documentation carefully.
Read full answer →Using volunteer labor to cut staffing costs in the EB-5 program is not recommended: the program requires full-time formal jobs, and volunteering typically does not produce the employment ties and records needed to prove the required job creation.
Read full answer →There is no formal requirement for EB-5 investors to open a separate business account, but keeping investment funds separate from personal finances makes it easier to demonstrate the origin and proper management of resources.
Read full answer →Yes, you can use international accounting advisory services in the EB-5 process. They help organize records, meet tax obligations, and align capital flows with program requirements, provided they follow U.S. laws and applicable standards.
Read full answer →Renewing your permanent green card is done through USCIS Form I-90, the Application to Replace Permanent Resident Card. Submit online or by mail, gather the required documents, and start before the expiration date to avoid an expired card.
Read full answer →TEA designation is not made by USCIS, which only evaluates the documentation submitted in the EB-5 petition. There is no standalone 'TEA review' fee charged separately, but the process has its own official fees. Confirm current amounts directly on the USCIS website.
Read full answer →A high unemployment TEA is a U.S. region with unemployment significantly above the national average, designated to attract EB-5 investment at a reduced minimum amount and create jobs where they are most needed.
Read full answer →It depends on the program's criteria. In EB-5, the job count is based on the definition of qualifying employee, and USCIS has specific rules about who qualifies. Before assuming a foreign worker counts, confirm with the official source.
Read full answer →Yes. EB-5 allows you to combine sources such as personal savings and family gifts, provided you clearly document the lawful origin of each amount. Consistent documentation is what supports the combination.
Read full answer →In EB-5, 'pooled investments' are a collective investment model: multiple investors pool capital to fund a single project managed by a professional team. Common in regional centers, this approach requires careful attention to management and transparency.
Read full answer →It can happen. For high-value EB-5 investments, authorities may request independent evaluations or expert reports to confirm the origin and legitimacy of the capital, as part of the source-of-funds review.
Read full answer →The I-829 must be filed within a specific window, near the end of the EB-5 conditional residency period. Since the exact dates depend on your case, confirm the deadline in the official USCIS guidelines.
Read full answer →The DS-260 has no fixed validity period after payment: it is tied to your case and remains active on the CEAC platform throughout the consular processing of your visa.
Read full answer →Yes, it is possible to use cryptocurrencies such as Bitcoin as a source of funds for the EB-5, as long as everything is lawful, documented, and traceable. The origin of the funds must be proven, from acquisition through any eventual conversion to traditional currency.
Read full answer →Yes. To qualify as a dependent under EB-5, the child must be unmarried and within the applicable age limit. A legal protection exists for those who reach that limit during processing, reviewed case by case. Confirm the criteria with USCIS.
Read full answer →With the I-829 approved, you become a permanent resident without conditions, but U.S. citizenship only comes through naturalization, after meeting a minimum residence period and other USCIS requirements.
Read full answer →Yes. An EB-5 project can be cancelled or restructured if it does not raise the necessary investors or capital, because viability depends on those contributions to create jobs and meet program requirements.
Read full answer →In the EB-5, using real estate as collateral to raise the capital is not prohibited, but care is required: the funds must have a demonstrably lawful origin and remain 'at risk'. A poorly structured arrangement can make that documentation harder to establish.
Read full answer →In the EB-5 program, you demonstrate this intent by showing real participation in business management, typically through a detailed business plan and documents describing your managerial or strategic role and your contribution to the enterprise.
Read full answer →Investing through a Regional Center in the EB-5 program typically simplifies the process: these are approved entities that manage projects, pool contributions from multiple investors, and help demonstrate job creation, with less day-to-day management involvement.
Read full answer →Yes, in principle. EB-5 allows investment in various for-profit commercial enterprises, including a theme park, as long as the project meets the required minimum investment and creates the necessary jobs for U.S. workers.
Read full answer →Generally, yes: an EB-5 investment can originate from cryptocurrency converted to dollars, provided each transaction is well documented, traceable, and proves the lawful origin of the capital.
Read full answer →Yes, but carefully. An extended absence from the U.S. can be seen as abandonment of your green card. The ideal approach is to request a Reentry Permit before departing; without it, you may need a return visa (SB-1) to reenter.
Read full answer →The I-829 Interview is the step in which USCIS may call the EB-5 investor to confirm that program requirements were met before removing the conditions on the green card. Not every case goes through it.
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