Can I use my FGTS from Brazil for EB-5?

The EB-5 visa is a pathway that allows investors and their families to obtain permanent residency in the United States, provided they meet the investment and job creation requirements. This program requires that the invested capital come from lawful and duly documented sources, which is essential for the American immigration review process.

Regarding FGTS (Guarantee Fund for Length of Service) from Brazil, it is important to clarify that, generally, these resources are intended to protect workers in specific situations, such as dismissal without just cause, property acquisition, or retirement. Since it is a fund with specific rules for movement, it was not designed to be used freely in international investments, such as EB-5.

Furthermore, for the EB-5 process, the investor must demonstrate that the invested capital is their property and that this amount was obtained in a completely legal manner and without restrictions. Although there are theoretical possibilities to withdraw amounts from the FGTS for other purposes, the procedure involved in the release of these funds can be complex and time-consuming, besides not being aligned with the original purpose of the fund.

Therefore, it is fundamental that before considering any strategy involving FGTS for the EB-5 visa, you consult specialized professionals both in Brazilian labor law and in United States immigration. This approach will help avoid unnecessary risks and ensure that all actions comply with the laws of both countries. Also be cautious with offers promising simplified or guaranteed solutions; the immigration process is rigorous and requires strict compliance with legal requirements.

Always remember to follow the current immigration laws and seek qualified guidance so your planning is done safely and transparently.

Victoria Harper

Editor-in-Chief

Meet the author

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.