Can I open a branch of my Brazilian company and transfer employees to the U.S.?

Yes, but it helps to separate two things that are often confused. EB-5 is an investment-based immigration program: the focus is on deploying capital into a venture that creates a minimum number of jobs for U.S. workers. Opening a branch can be part of that structure, as long as the business is designed to meet the program’s investment and job-creation requirements.

Transferring employees is a separate matter. Each team member who will work on U.S. soil needs the appropriate work authorization, which typically does not come from EB-5 itself but from a visa tied to the specific role.

• EB-5 evaluates the investment and the jobs created, not the transfer of staff as such.
• To relocate employees from the parent company, the intracompany transferee category exists for that purpose, such as the L-1 visa, which covers executives, managers, and specialized knowledge workers.
• The classification depends on each employee’s profile and their tenure with the company.

Because the project involves both investment rules and immigration requirements at the same time, the best approach is to verify the current requirements with USCIS and assess the structure with qualified professionals before moving forward with the expansion.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.