Frequently asked questions
Questions about EB-5 Visa
Straight answers related to this visa.
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Can I purchase shares of a franchisor company and count jobs from the franchises?
Investing in shares of franchisors for the EB-5 visa requires careful analysis of the structure and proof of job creation compatible with the program's rules.
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Can I receive dividends from the EB-5 project?
The EB-5 investment aims to immigrate to the U.S. through capital contribution; dividends are not guaranteed and vary according to the project and its structure.
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Can I receive financial assistance from American banks?
The EB-5 program requires that the investment be from own and at-risk funds, not accepting traditional loans, although banks finance other post-visa needs.
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Can I receive financial assistance from the American government for the EB-5 project?
The investment for the EB-5 visa must come from legitimate and private sources and cannot include financial assistance from the American government.
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Can I receive financing from the SBA (Small Business Administration)?
SBA loans are not accepted in the EB-5 program, which requires own capital at risk; consult professionals to ensure legal compliance and avoid unfounded promises.
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Can I reduce my equity participation after 2 years?
Reducing equity participation after 2 years in the EB-5 program may be possible, provided that legal and contractual rules are strictly respected to maintain the investment's status.
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Can I renew my passport at the Brazilian consulate in the USA?
It is possible to renew your passport at the Brazilian consulate in the USA; consult the official website and follow the guidelines to avoid immigration problems.
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Can I renounce my green card if I change my mind?
It is possible to renounce the green card via Form I-407, but this decision involves the loss of benefits and possible future tax and immigration implications.
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Can I reopen a failed business for EB-5?
Reopening a failed business for EB-5 is possible, provided there is a solid plan, proof of viability, job creation, and compliance with immigration regulations.
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Can I request a fee waiver if I am not financially able?
The EB-5 visa requires a significant financial investment and does not provide fee waivers for economic hardship; specialized guidance is recommended for questions and alternatives.
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Can I request a refund from USCIS if I decide to withdraw?
Fees paid to USCIS in the EB-5 process are generally non-refundable in case of withdrawal; consult official sources and specialized professionals before making decisions.
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Can I retire after opening the business?
After obtaining residence through the EB-5, it is possible to retire as long as the business maintains the requirements, especially job creation, preserving your immigration status.
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Can I run multiple businesses simultaneously with my direct EB-5?
Managing multiple businesses under direct EB-5 requires meeting individual criteria, rigorous planning, and professional oversight to ensure compliance and success.
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Can I see the approval statistics for each Regional Center?
Detailed approval statistics of EB-5 Regional Centers are not widely disclosed; it is recommended to consult official sources and specialized advisory services for safe and informed decisions.
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Can I sell everything in Brazil and migrate with the EB-5?
Selling assets in Brazil to invest in the EB-5 is possible but requires financial planning, compliance with regulations, and specialized guidance to ensure safety and legality.
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Can I sell my property in the USA to qualify for the EB-5?
It is possible to sell a property in the USA to reinvest in the EB-5, provided that the funds are legally used in projects that create jobs, with appropriate advisory and attention to regulations.
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Can I sell part of the company to meet the EB-5 amount?
Partial sale of the company to finance the EB-5 is possible, provided the funds are lawful, subject to commercial risks, and compliant with USCIS regulations.
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Can I sell shares of my company to qualify for EB-5?
The sale of shares can be used in EB-5, provided the funds are lawful, documented, and invested as at-risk capital, strictly following U.S. immigration laws.
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Can I sell the business after obtaining the EB-5?
Selling the EB-5 business during the conditional residency may affect eligibility, but after the conditions are removed, it depends on contractual terms and compliance with the law.
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Can I start a food delivery service for EB-5?
Investing in food delivery for EB-5 is possible as long as the business generates direct jobs and complies with the program's legal requirements.