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Questions about EB-5 Visa
Straight answers related to this visa.
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Do I need to have made any deposit before submitting the I-526?
To submit the I-526, it is not mandatory to have made a final deposit, but it is necessary to prove that the funds are committed and exposed to risk according to EB-5 rules.
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Do I need to have management experience for the direct EB-5?
Formal management experience is not required for the direct EB-5, but involvement in the operation may be evaluated; regional centers waive this requirement.
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Do I need to hire a specialized accountant?
Hiring a specialized accountant for the EB-5 visa is not mandatory but recommended to ensure financial compliance, avoid errors, and secure a smooth immigration process.
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Do I need to hire an attorney?
Hiring an attorney for the EB-5 visa is not mandatory, but it is recommended to ensure compliance with laws and facilitate the investment and immigration process.
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Do I need to hire an immigration agency?
Hiring an agency for the EB-5 visa is not mandatory but facilitates the process, reduces risks, and ensures compliance with US immigration laws.
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Do I need to live near the invested business?
In the EB-5 program, it is not necessary to live near the invested business, as long as the investor complies with immigration regulations and the focus is on job creation.
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Do I need to maintain health insurance for my employees?
EB-5 companies in the US must comply with local labor laws, including providing health insurance starting from 50 employees, ensuring legal compliance and avoiding penalties.
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Do I need to pay FGTS to employees in the USA?
In the USA, FGTS is not paid, but it is crucial to rigorously follow local labor laws and rely on specialized professionals to avoid risks and maintain legal compliance.
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Do I need to pay for certified translations of all documents?
It is not mandatory to pay for certified translation, but the translation must be accurate, certified, and meet USCIS criteria for EB-5 program documents.
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Do I need to prove job creation specifically for the EB-5?
For the EB-5 visa, it is mandatory to prove the creation of at least 10 full-time jobs following strict criteria and the evidences required by USCIS.
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Do I need to prove that I generated the wealth myself or can it have been received from relatives?
EB-5 funds must be lawful and documented, and may come from relatives provided the legal origin is clearly and transparently proven.
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Do I need to register the company as an LLC or Corporation?
The choice between LLC or Corporation for EB-5 depends on the business structure and requires legal analysis to ensure compliance with regulations and investor objectives.
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Do I need to register the company before applying for the I-526?
It is recommended to register the company before applying for the I-526 to strengthen credibility and meet the requirements of the EB-5 process, always with specialized guidance.
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Do I need to revalidate Brazilian documents at the consulate?
Revalidation of Brazilian documents at the American consulate is not required for the EB-5 visa, but apostille, translation, and authentication are essential according to official standards.
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Do I need to revalidate my CNH in the state where I live?
Each U.S. state has its own rules for revalidating the CNH; check with the local DMV and obtain the state driver's license to avoid legal issues and remain compliant.
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Do I need to speak English to apply for the EB-5?
It is not mandatory to speak English to apply for the EB-5, but knowledge of the language facilitates the process and compliance with legal and financial requirements.
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Do I need to take a tuberculosis test?
The tuberculosis test is mandatory in the medical examinations for EB-5 visas, ensuring public health and compliance with U.S. immigration regulations.
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Do I need to undergo medical exams?
The medical exam is mandatory for the EB-5 visa, ensuring health conditions compatible with immigration and protecting public health in the U.S.
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Do investment profits count towards proving funds?
EB-5 investment profits can be used to prove funds, provided lawful origin is demonstrated along with robust documentation showing the resource trajectory.
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Do Regional Centers usually charge an administration fee?
Regional Centers usually charge an administration fee to manage EB-5 projects; costs vary and it is essential to analyze contracts with professional assistance to ensure transparency and security.