Visto n' Visa
Frequently asked questions
Straight answers to the most common questions about the EB-5 visa.
No. Direct EB-5 investments do not require a mandatory annual government audit. However, USCIS reviews investment documentation and job creation evidence and may request additional proof or revisions at any point in the process.
Read full answer →Yes. The EB-5 investor's spouse may work in any field, with no sector restrictions, enjoying the same work rights as a permanent resident. The program's conditions must be maintained and any relevant changes addressed according to applicable law.
Read full answer →In principle, a 'home-based' franchise can qualify for the EB-5, as long as the business meets the program's requirements, especially creating the required number of jobs, and complies with zoning and licensing rules. Each case requires detailed analysis.
Read full answer →The EB-5 does not benefit any specific profession: it evaluates the investment and job creation, not your field. In practice, it attracts business owners, executives, and high-net-worth investors, but any profile with the required capital can apply.
Read full answer →Being a reserve military member is not, in itself, a barrier to EB-5. The review focuses on the investment, job creation, and general admissibility criteria such as background checks. What matters is that your personal documentation reveals no disqualifying issues.
Read full answer →Yes, as a general rule. You can use a loan obtained in Brazil to make up the required EB-5 capital, as long as you document and prove the lawful origin of the funds and confirm that the loan agreement allows their use for this type of investment.
Read full answer →'Project denial risk' in EB-5 is the risk that the invested project is denied by USCIS for failing to meet requirements such as job creation. If the enterprise is denied, the investor's green card can be jeopardized.
Read full answer →No. The EB-5 grants residence only in the United States and provides no direct benefit toward visas in Canada or Mexico. Each country has its own immigration system, with criteria and processes independent of the EB-5.
Read full answer →Yes, in addition to the consular or adjustment-of-status interview typically required in the EB-5, authorities may request additional interviews or clarifications if questions arise about the documents or the lawful source of the invested funds.
Read full answer →Yes, building residential real estate for sale can qualify under EB-5, provided the project is structured as a commercial enterprise that meets the program's investment and job creation requirements, evaluated on a case-by-case basis.
Read full answer →Yes. Green card holders are already authorized to work in the U.S., so EB-5 does not prevent hiring them. The focus should be on the program's job creation requirements: the positions that count must meet those criteria, in accordance with official rules.
Read full answer →No. The EB-5 program does not include a list of prohibited sectors: technology, healthcare, tourism, manufacturing, and others are eligible. What matters is proving that the investment creates the jobs required by the program.
Read full answer →As a general rule, petition fees paid to USCIS are non-refundable, even if you withdraw from the EB-5 process. Very specific situations may be reviewed individually, so always confirm current conditions with the official source.
Read full answer →Yes. EB-5 capital may include loans from friends or family members, as long as everything is documented and the lawful source of the funds is proven. Formalize the loan in writing to demonstrate the legality of the funds.
Read full answer →Yes. For a spouse to accompany the investor on an EB-5, the marriage must be official and legally registered. Authorities require proof, such as a marriage certificate, to confirm the union is genuine and recognized by law.
Read full answer →No. The EB-5 does not require you to live in the US full time, but as a permanent resident you are expected to keep the country as your primary home. Long or frequent absences may be seen as abandonment of the green card.
Read full answer →In EB-5, capital is placed 'at risk', so there is no guarantee of an automatic refund if the petition is denied. Specific clauses in the contract with the project or regional center may apply. Read the contract and seek guidance.
Read full answer →Yes, you can use proceeds from selling assets in Brazil to invest in the EB-5, but this requires careful planning of the conversion and transfer, keeping close attention to the tax and foreign-exchange rules of both countries and US immigration requirements.
Read full answer →Hiring a lawyer for the EB-5 is not legally required, but it is usually a prudent choice. An immigration specialist can help organize documents, identify risks, and correctly meet the process requirements. Weigh the support against the complexity of your case.
Read full answer →As a rule, no. The EB-5 is an investment-based visa and does not change the calculation or the rights of your Brazilian retirement benefits, which are governed by their own laws. Even so, it is worth managing your tax planning in both countries with specialist support.
Read full answer →No. U.S. immigration law does not set a minimum share capital for the EB-5 company. What matters is the minimum investment amount and job creation, with parameters defined by USCIS that vary by area. Verify current figures at the official source.
Read full answer →Generally, no. The EB-5 does not evaluate your personal credit score; the process focuses on proving the lawful source of funds and the capacity to invest. Credit only comes into play if you use financing for the investment.
Read full answer →No. EB-5 does not use a points system based on education or experience: the analysis focuses on the qualifying investment, the lawful source of funds, and job creation in the United States, assessed case by case.
Read full answer →No. The EB-5 grants permanent residence to the family through investment, but offers no scholarships or educational benefits. Children may study in the US, but any scholarships come from schools, universities, and their own programs, not from the visa.
Read full answer →No. You do not need to become an expert in U.S. labor laws to invest through EB-5, even in the direct modality. What matters is that the enterprise complies with applicable rules, which is typically ensured with the support of specialized professionals.
Read full answer →No. No U.S. government agency publishes an official list of EB-5 attorneys. Seek references from recognized associations such as AILA and State Bar Associations, always verifying credentials, reputation, and specific experience in the program.
Read full answer →There is no EB-5 category exclusively for infrastructure. Projects in the sector may qualify under the program, but they are evaluated under the same general criteria: qualified investment and job creation or preservation in the United States.
Read full answer →Not automatically or unconditionally. The EB-5 green card starts as conditional and, after the removal of conditions, becomes permanent residence with no expiration. Even so, the status can be lost due to abandonment, fraud, or serious crimes.
Read full answer →In the EB-5, dependents receive derivative status based on the principal investor's approval, so they generally do not enter the U.S. before the investor. The most common approach is for the family to travel together or in a coordinated way. Confirm the rules with USCIS.
Read full answer →It is not legally required, but it is highly advisable. Because EB-5 requires tracing the origin and path of funds, separate accounting simplifies the documentation and avoids commingling personal money with investment funds.
Read full answer →A prior overstay does not automatically disqualify an EB-5 applicant, but it is factored into the admissibility review and can trigger restrictions. Each case is assessed individually, and a waiver may be available to address the issue.
Read full answer →No. Once the initial requirements are met (capital committed and jobs created), you do not need new investments to maintain your residence. What matters is that the original investment keeps meeting the program terms during the conditional residence period.
Read full answer →Track your EB-5 case on the official USCIS website using your receipt number, which is issued when the petition is filed. Stay in contact with your immigration attorney or regional center and rely only on official sources.
Read full answer →Yes. Nothing prevents another foreign partner from investing in the same EB-5 project, as long as each investor independently meets all requirements: lawful source of funds, the required investment, and their share of job creation.
Read full answer →No. EB-5 is an investment immigration program, not an employment benefits package, and it does not provide unemployment insurance to employees. Investee companies follow local labor laws, but that is not tied to the visa.
Read full answer →Yes, a biodiesel plant can qualify for the EB-5, as long as it meets all program requirements, primarily creating the required full-time jobs as a direct result of the investment and demonstrating economic viability and lawful source of funds.
Read full answer →The EB-5 is a green card route through investment: capital is placed in a business that creates jobs in the U.S. The L-1 is a temporary visa to transfer executives, managers, or specialists between affiliates of the same company, and may open a path to permanent residency.
Read full answer →No. EB-5 and the diversity visa lottery (DV Lottery) are separate, independent paths: EB-5 is an investment-based route that creates jobs, while the lottery is a draw with its own rules. Neither affects the other.
Read full answer →It depends on your case. The EB-5 minimum investment amount has changed over time, and the applicable rule may vary based on when the petition was filed. Confirm what applies to your situation directly with USCIS.
Read full answer →There is no fixed EB-5 approval rate: figures vary by period, documentation quality, and policy changes. Each petition is evaluated individually, so consult official USCIS data.
Read full answer →Yes. In EB-5, derivative children must be within the age limit set by law and unmarried. The Child Status Protection Act (CSPA) can help preserve a dependent's age under certain conditions, even if they have a birthday during the process.
Read full answer →It depends on timing. During the EB-5 conditional residence period, selling the business or withdrawing capital may jeopardize the transition to permanent residence. Once conditions are removed, the sale tends to be feasible, subject to contract terms.
Read full answer →No. The EB-5 does not require English proficiency: it evaluates the investment and job creation, not the applicant's language. English helps in daily life, but it is not a formal program requirement.
Read full answer →It depends on the stage of the process. If the investor dies after conditional residence is granted, included dependents typically retain their rights. Before approval, continuity is more complex and may require investor substitution, subject to USCIS.
Read full answer →In EB-5, the most common sectors tend to be real estate, hospitality and tourism, senior healthcare and housing, and regional development infrastructure. Each project, often through a Regional Center, has its own focus and requires careful analysis before investing.
Read full answer →Yes, it is possible. But a tourist visa (B-2) presupposes an intent to return, and the EB-5 is an immigrant visa. A pending EB-5 may raise doubts about immigrant intent, so transparency is essential.
Read full answer →In general, U.S. states do not offer EB-5-specific tax incentives. It is a federal program, and its benefits relate to residency and investment, not to state tax exemptions created for visa investors.
Read full answer →Yes, in a limited way. During COVID-19, the EB-5 felt indirect effects such as processing delays as USCIS adapted its procedures, along with a more unstable investment environment. The program's requirements remained in force.
Read full answer →The EB-5 applies per-country limits on green card issuance. Because China has historically high demand, its investors often face longer queues and wait times. The exact percentages and numbers are officially defined.
Read full answer →Yes. An EB-5 project in an upscale, low-unemployment area typically does not qualify as a Targeted Employment Area (TEA), which reduces the minimum investment, but it can still be eligible if it meets the program's other requirements.
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