English 
Português 
Español Frequently asked questions
Questions about EB-5 Visa
Straight answers related to this visa.
-
Do young children need to attend the consular interview?
Children under 14 years old generally do not need to attend the consular interview for EB-5 visas, but the final decision depends on the individual assessment by the consulate.
-
Does a biodiesel plant with 10 employees qualify?
A biodiesel plant with 10 employees may qualify for the EB-5 visa, provided it creates full-time jobs linked to the investment and meets the program's strict criteria.
-
Does a broker dealer regulate the sale of EB-5 interests?
The EB-5 program is regulated by USCIS; a broker dealer does not control interests, which must comply with immigration rules and, when applicable, financial regulations.
-
Does a marriage conducted after the I-526 approval allow including the spouse?
Marriage after I-526 approval does not automatically include the spouse in the EB-5 process but may be included in the adjustment of status if proven and within legal deadlines.
-
Does changing states in the middle of the EB-5 process affect anything?
Changing states during the EB-5 process does not harm your petition if you inform USCIS, keep documentation updated, and comply with program requirements.
-
Does citizenship come faster through the EB-5?
The EB-5 facilitates the green card but does not speed up citizenship; the process respects legal timelines and requires strict fulfillment of naturalization requirements in the USA.
-
Does inflation affect the minimum EB-5 amount?
Inflation can influence revisions of the EB-5 minimum amount, but adjustments are made through analysis, not automatically; staying informed is essential for security in the process.
-
Does investing in a highly indebted company jeopardize the EB-5?
Investing in companies with high debt can jeopardize EB-5 approval; detailed financial analysis and professional support are essential to minimize risks.
-
Does investing in American stock market shares count towards EB-5?
Investing in shares on the American stock market does not qualify for EB-5; the program requires direct investment in a business that creates or preserves jobs in the USA.
-
Does moving from Brazil to the US affect my Brazilian citizenship?
Migrating to the US via EB-5 does not affect your Brazilian citizenship, which remains valid unless there is formal renunciation or specific new legal conditions.
-
Does my annual income influence the EB-5?
EB-5 visa approval depends on the lawful origin of the invested funds and compliance with legal requirements, not on the investor's annual income.
-
Does my college degree influence the EB-5?
A college degree is not a criterion for the EB-5, which evaluates financial investment and job creation according to the United States' strict immigration rules.
-
Does my green card remove the need for a visa to other countries?
The green card guarantees residence in the USA but does not exempt the holder from visa requirements imposed by other countries.
-
Does spousal donation require a formal contract?
Although it is not always mandatory, formalizing spousal donations is recommended to ensure transparency, security, and compliance with legal requirements in the EB-5 visa process.
-
Does the 20% reservation for rural TEA give me preference?
The 20% reservation for rural TEA reduces the required investment but does not guarantee priority in EB-5 visa approval, which depends on rigorous analysis and other criteria.
-
Does the annual quota of 10,000 EB-5 visas usually run out?
The annual quota of 10,000 EB-5 visas can run out quickly in years of high demand, so it is essential to follow the rules and seek specialized guidance.
-
Does the average salary of my employees matter?
The EB-5 requires the creation of 10 full-time jobs, without defining an average salary, but recommends legal compliance and fair labor practices to ensure the project's viability.
-
Does the company’s sales revenue count as proof of funds source?
Sales revenue alone does not prove the source of funds for the EB-5 visa; supplementary documentation ensuring the legality and traceability of the capital is required.
-
Does the conditional green card allow for university sports scholarships?
The conditional green card does not prevent applying for university sports scholarships, which depend on the specific criteria of the institution and the program.
-
Does the conditional green card count as proof of residence for school enrollment?
The conditional green card can be accepted as proof of residence for school enrollment, but it is advisable to verify additional requirements with the school district.