My company in Brazil can open a branch in the USA for EB-5?

The EB-5 program is an investment alternative that allows foreign investors to obtain the US green card through the creation of jobs for American workers. In general terms, it is possible for a company originating in Brazil to expand its business by creating a branch in the United States and use this as a basis for the EB-5 investment, provided that all special program requirements are met.

For the strategy to be appropriate, the US branch will need to be structured as a new company or as a formal ‘extension’ of the Brazilian company, according to local laws, and comply with all EB-5 criteria. This includes investing the required minimum capital – which may vary depending on whether the project is located in a Targeted Employment Area or not – and directly or indirectly creating at least 10 full-time jobs for American citizens. Furthermore, it is essential that the source of the funds is clearly proven and that the investment is made in a legitimate and secure manner.

It is worth remembering that the procedures for obtaining the EB-5 visa can be complex, and the details of how structuring a branch of the Brazilian company fits the program’s requirements may depend on many specific factors. Therefore, it is extremely important to strictly follow US immigration laws, seek reliable information, and avoid falling for easy promises or marketing campaigns that guarantee results without the necessary detailed case analysis.

In summary, although there is the possibility for your company to open a branch in the USA to take advantage of EB-5, the process requires careful planning and specialized advice to ensure that all legal and regulatory requirements are met. Thus, the best practice is to consult professionals with expertise in both American business law and immigration, ensuring that all steps are carried out 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.