Frequently asked questions
Questions about EB-5 Visa
Straight answers related to this visa.
-
How many years as a resident must I wait before applying for citizenship?
EB-5 investors must wait five years after removing green card conditions to apply for American citizenship, respecting immigration laws and avoiding unfounded promises.
-
How many years of bank statements do I need to show?
For the EB-5 visa, it is recommended to provide bank statements from the last five years, but the period may vary depending on the case and the source of the funds.
-
How much does a sworn translation cost?
The cost of a sworn translation varies depending on complexity, extent, and chosen professional. It is vital to opt for certified translators and be wary of fixed-price offers without justification.
-
How much does it cost to maintain permanent resident status?
There is no mandatory periodic fee to maintain permanent resident status in the U.S., but there are costs for green card renewal, tax obligations, and compliance with immigration laws.
-
How much is the I-829 fee?
The current fee for Form I-829 to remove EB-5 conditions is US$ 3,750, charged by USCIS, and should be confirmed through official sources to ensure legal compliance.
-
How often does USCIS update processing times?
USCIS regularly updates processing times to assist in tracking applications, always recommending periodic consultation and specialized guidance.
-
How soon can I start working after the EB-5?
Work authorization with the EB-5 visa begins upon obtaining the conditional green card, but the timing to receive it can vary based on USCIS review and administrative details.
-
How to know if an urban area has high unemployment?
To assess high unemployment in urban areas, consult official sources and updated data, ensuring legal compliance and well-founded decisions in immigration processes such as the EB-5 visa.
-
How to know if the Regional Center is legitimate?
Check the legitimacy of EB-5 Regional Centers by consulting the USCIS list, researching history, and seeking specialized professionals to ensure security and legality in the investment.
-
How to open a business bank account before having the green card?
It is possible to open a business bank account in the US before getting the green card, using alternative documents and paying attention to specific banking and legal requirements.
-
How to plan the cash flow to satisfy USCIS?
Planning the cash flow in the EB-5 program is essential to prove to USCIS the legality and proper allocation of funds, ensuring compliance and job creation.
-
How to prove 10 jobs if some employees left and were replaced?
To prove the 10 jobs required by the EB-5 program, it is essential to maintain organized official documentation demonstrating the creation and continuity of positions, even with replacements.
-
How will I know if my investment is eligible for TEA?
Verify if the investment is in Targeted Employment Areas (TEA), with official documentation and an approved business plan, ensuring compliance with EB-5 rules.
-
I have dual citizenship (Brazil and Italy). Which should I use for EB-5?
In EB-5, investors with dual citizenship can choose which passport to use, considering documents, mobility, and tax aspects, always with specialized professional guidance.
-
If a derivative child wants to get married after receiving the conditional green card?
The marriage of a derivative child holding a conditional green card does not affect their status, but the new spouse must apply for residency separately following USCIS rules.
-
If I abandon the I-829, can I keep the conditional status?
Abandoning the I-829 implies waiving the removal of the conditional status, a risk that can compromise your legal stay in the USA.
-
If I am a reserve military member in Brazil, does it impact the EB-5?
Being a reserve military member in Brazil does not prevent access to the EB-5 program, whose main focus is investment, job creation, and demonstrating the applicant's integrity.
-
If I am called for the I-526 interview, what should I bring?
Prepare for the I-526 interview with personal documents, evidence of the investment, proof of the source of funds, and business records, following USCIS guidelines.
-
If I am denied on the I-829, do I revert to my previous status?
Denial of the I-829 does not allow automatic return to the previous status; appeals may be possible, but attention to rules and specialized guidance are essential.
-
If I am out of status, can I still apply for EB-5?
Applying for EB-5 while out of status is possible but presents challenges. Individual evaluations and professional support are essential to avoid legal complications and ensure compliance.