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Questions about EB-5 Visa
Straight answers related to this visa.
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Do derivative children who work need a work visa?
Derivative children with an EB-5 Green Card can work without an additional visa, but during the process, temporary authorization (EAD) is required. Professional guidance is crucial.
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Do I have to be in valid F-1 status to apply for EB-5?
The EB-5 visa is independent of F-1 status; it is not necessary to be in F-1 to invest, but it is essential to comply with all applicable immigration laws.
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Do I have to maintain American accounting?
Maintaining American accounting is crucial in the EB-5 process to ensure transparency, legal compliance, and financial security during the investment and visa review.
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Do I have to pay an exit tax in Brazil?
Brazil does not charge an exit tax, but changing tax domicile requires a final Income Tax return and care with national and international tax obligations.
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Do I have to pay anything to USCIS to analyze TEA?
USCIS does not charge a specific fee to analyze TEA in the EB-5 visa, but other process costs may apply. Caution and consultation of official sources are essential.
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Do I have to prove fluency in English?
The EB-5 visa does not require proof of English fluency, but basic knowledge can facilitate integration and understanding of processes in the USA.
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Do I have to prove the maintenance of the 10 jobs until the end of the 2 years?
To remove the conditions of the EB-5 visa, it is necessary to prove the creation of 10 jobs within 2 years, with detailed documentation and compliance with U.S. immigration laws.
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Do I have to report my foreign accounts to the American government?
US tax residents must report foreign accounts via FBAR and FATCA; professional consultation is essential to ensure compliance and avoid legal issues.
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Do I have to show that I invested all US$800,000 at once?
It is not necessary to invest the US$800,000 all at once for the EB-5 visa, but it is crucial to prove full investment and documentation in accordance with USCIS rules.
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Do I need a reentry visa if I travel with a conditional green card?
Conditional green card allows short trips without a reentry visa; for absences longer than six months, a Reentry Permit is recommended to avoid loss of status.
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Do I need a SSN (Social Security Number) to open an EB-5 company?
To open an EB-5 company, the SSN is not mandatory; the EIN is used for tax purposes. Consult specialists to ensure legal compliance and investment security.
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Do I need a work visa to operate my own EB-5 business?
The EB-5 visa grants conditional residence that allows you to operate your business in the U.S. without the need for an additional work visa, provided all legal requirements are met.
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Do I need business liability insurance?
Liability insurance is not mandatory for EB-5, but it is recommended to protect the business and demonstrate commitment to sustainability and legal compliance.
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Do I need proof of pre-employment of workers?
For the EB-5 visa, pre-employment is not mandatory, but a solid business plan proving the future creation of at least 10 jobs in the USA is essential.
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Do I need specific licenses to open an EB-5 restaurant?
Opening a restaurant via the EB-5 visa requires specific local licenses in addition to immigration rules, ensuring legality and success of the investment in the USA.
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Do I need to actively manage the business?
Investing in EB-5 can be passive via a Regional Center or require active participation in direct management, always respecting laws and seeking specialized guidance.
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Do I need to be in the USA when my I-526 is approved?
It is not necessary to be in the USA when the I-526 is approved. The process can proceed via adjustment of status or consular processing, depending on your location and situation.
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Do I need to have an American administrator in the company?
It is not mandatory to have an American administrator in the EB-5 program, but the team must be competent and the management solid to ensure compliance and investment success.
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Do I need to have health insurance to apply for the EB-5?
Health insurance is not mandatory for the EB-5 visa but is recommended to ensure protection during the adaptation process in the United States.
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Do I need to have IELTS or TOEFL for the EB-5?
The EB-5 does not require exams like IELTS or TOEFL, focusing on investment and job creation to obtain permanent residency in the U.S.