The EB-5 visa is an interesting opportunity for those who wish to invest in the United States while creating jobs through a new enterprise. However, it is essential to understand that the program’s requirements are specific and demand attention to detail, especially regarding how the investment is structured.
As a rule, the EB-5 requires that the invested capital be directed toward a new commercial enterprise that generates at least 10 full-time jobs for U.S. workers. If you intend to use a Brazilian publicly traded company as an investment vehicle, it is necessary that this structure complies with the criteria established by the program.
This means the investment must be made clearly and directly in the creation or expansion of a business that generates the required jobs. Using a publicly traded company can complicate the demonstration of the origin and destination of funds, as well as raise questions about transforming private capital into an investment aimed at creating jobs on U.S. soil.
It is important to emphasize that each case is unique, and the circumstances involving investment structuring can vary. Thus, investing through an already established foreign company must be carefully analyzed to verify whether the way funds are applied fully meets the EB-5 visa requirements.
It is strongly recommended to perform a detailed evaluation, observing U.S. immigration regulations and ensuring that all steps and documents comply with the country’s laws. To avoid risks, scams, or unfounded promises, consulting professionals specialized in immigration is indispensable.
These experts can guide on the best way to structure the investment, prevent legal mistakes, and provide a realistic analysis of the chances of success, always taking care not to offer guarantees of approval. This way, you can develop a project aligned with the EB-5 program’s requirements and contribute to economic growth in the United States safely and within the law.
In summary, investing through your Brazilian publicly traded company may be a possibility but requires a robust structure and strict compliance with EB-5 criteria. Consulting specialized advisors helps avoid future complications and ensures the investment is made in accordance with current immigration laws.
Learn more about EB-5 Visa
- Type
- Investment Green Card
- Min. investment
- US$ 800,000
- Jobs created
- Minimum 10 (full-time)
- Processing
- 24-48 months
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.