Frequently asked questions
Questions about EB-5 Visa
Straight answers related to this visa.
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Is it necessary to pay FGTS in the USA?
There is no FGTS in the USA like in Brazil; social security is the basis of the system. Respect local laws and consult specialists for a safe and legal transition.
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Is it necessary to prove the origin of the invested funds?
It is essential to prove the origin of funds in the EB-5 program to ensure legal investments, prevent fraud, and comply with U.S. authorities' requirements.
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Is it necessary to renew the conditional green card?
The conditional green card requires removal of conditions with Form I-829 before expiration to ensure conversion to permanent residence.
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Is it necessary to submit original translations, or are copies accepted?
Copies of certified translations are generally accepted for the EB-5 visa, but it is essential to follow the specific USCIS guidelines and keep the process in compliance with the law.
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Is it necessary to submit projected financial statements to USCIS?
Although USCIS does not require projected financial statements separately, including financial projections in the business plan strengthens the EB-5 petition and demonstrates the economic viability of the enterprise.
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Is it necessary to translate all documents into English?
Documents for the EB-5 program must be officially translated into English to ensure proper review and avoid delays or denials in the immigration process.
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Is it possible for the U.S. Army to recruit someone who has an EB-5 green card?
EB-5 green card holders can enlist in the U.S. Armed Forces if they meet requirements, but sensitive positions require U.S. citizenship.
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Is it possible to apply for the EB-5 visa with funds obtained from real estate sales?
It is possible to use funds from the sale of real estate for the EB-5 visa, provided the lawful origin is proven and legal and documentary requirements are met.
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Is it possible to change from EB-2 or EB-3 category to EB-5?
Moving from EB-2 or EB-3 to EB-5 requires a new process, meeting investment criteria and strictly following U.S. immigration laws.
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Is it possible to extend the immigrant visa before entering the USA?
The EB-5 visa and other immigrant visas have limited validity and cannot be automatically extended before entering the USA; in exceptional cases, contact the consulate.
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Is it possible to get a discount on EB-5 projects?
Discounts on EB-5 investments are not allowed, but reductions in administrative costs may exist; always consult specialists to ensure safety and legal compliance.
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Is it possible to have an EB-5 without contacting a lawyer?
Although it is possible to apply for the EB-5 without a lawyer, having specialized support guarantees security given the complex requirements and obstacles of the process.
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Is it possible to invest in a theme park?
Investing in a theme park through the EB-5 program is feasible but requires a structured project, minimum capital, and proof of job creation in accordance with U.S. immigration laws.
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Is it possible to lose the EB-5 visa for not paying taxes in the USA?
Failure to pay taxes may jeopardize the EB-5 visa, as tax compliance is essential to maintain immigration status and avoid legal penalties in the USA.
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Is it possible to obtain loans from friends for the EB-5?
It is possible to use loans from friends in the EB-5 as long as there is proper documentation, proof of lawful source of funds, and compliance with legal requirements.
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Is it possible to purchase U.S. government bonds as an EB-5 investment?
Purchasing U.S. government bonds is not eligible for EB-5, which requires investment in projects that create jobs in the United States.
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Is it recommended to hire relocation consulting for EB-5 families?
Relocation consulting for EB-5 families facilitates adaptation in the US but does not replace legal support nor guarantee visa approval. Evaluate credibility and avoid miraculous promises.
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Is job creation verification required every month?
Proof of job creation in EB-5 is not monthly, but must be demonstrated throughout the project, with detailed records to ensure compliance and success in the process.
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Is my conditional green card renewed if the I-829 is delayed?
If the I-829 is delayed, the conditional green card is not renewed, but the status remains valid while the petition is pending, provided the form was properly filed.
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Is my EB-5 project eligible if it is located in a high-end area with no unemployment?
EB-5 project eligibility in high-end areas depends on fulfilling requirements, as TEA designation and investment amount vary according to location.