Frequently asked questions
Questions about EB-5 Visa
Straight answers related to this visa.
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Can I do EB-5 in partnership with another investor?
Investing in partnership under EB-5 is possible, provided that each investor individually proves their contribution, respecting the specific rules and documentation of the program.
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Can I do EB-5 through a franchise in a TEA?
Investing via franchise in a TEA is viable for EB-5, provided it meets investment and job creation requirements with proper planning and specialized guidance.
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Can I do EB-5 to buy a gym franchise?
Investing in a gym franchise through EB-5 is viable, provided investment, job creation, and legal compliance requirements are met.
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Can I do investment pooling from multiple investors?
Investment pooling is possible under the EB-5 program, provided the structure allows transparency, control, and meets the program's strict legal and regulatory requirements.
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Can I do the EB-5 by investing in cryptocurrencies in the project?
Investing in cryptocurrencies in the EB-5 is possible, provided that the origin of the funds is legal and converted into dollars, with clear documentation and full compliance with the regulations.
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Can I do the medical checkup at any clinic?
The medical examination for the EB-5 visa must be performed by an authorized doctor, following official standards, to avoid delays and ensure compliance with U.S. immigration laws.
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Can I employ family members in the 10 jobs?
Employing family members in EB-5 is possible as long as the relationship is legitimate, the functions meet the requirements, and there is no manipulation to meet the job requirements.
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Can I employ relatives to reach the 10 jobs?
Employing relatives under the EB-5 visa is permitted as long as the jobs are genuine, essential to the business, and strictly comply with legal requirements.
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Can I enroll in a community college with a green card?
With a green card, you can enroll in a community college in the U.S. as long as you meet the requirements, and you must follow the rules to maintain your legal status and avoid complications.
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Can I establish myself as self-employed and fulfill EB-5 requirements?
The EB-5 visa requires investment in a company that creates jobs; operating as an isolated self-employed individual generally does not meet these requirements.
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Can I extend conditional status if the I-829 is delayed?
If the I-829 is delayed, the conditional status remains valid as long as the petition was filed on time, allowing your legal stay in the US during processing.
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Can I finance part of the investment and invest only US$400,000 of my own funds?
EB-5 investment requires personal funds at risk; financing may not be accepted. Consult specialists to ensure compliance with USCIS rules and avoid issues.
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Can I finance the purchase of a hotel for EB-5?
Financing a hotel through the EB-5 program is viable if the legal requirements for investment and job creation are met, always with guidance from experts.
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Can I form a holding company for multiple businesses and combine 10 jobs?
Forming a holding company to combine jobs under the EB-5 program is possible but requires detailed planning and strict compliance with the laws and program requirements.
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Can I get a loan in Brazil for EB-5?
It is possible to use a loan in Brazil for the EB-5 visa, provided there is strict documentation proving the lawful origin of the funds and compliance with U.S. regulations.
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Can I get divorced after the removal of conditions and keep my green card?
After the removal of the EB-5 Green Card conditions, divorce generally does not affect permanent resident status, but it is important to clarify its effects when applying for citizenship.
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Can I get married after the green card and bring my spouse?
Getting married after the EB-5 green card is possible, but the spouse will need to go through a family petition process to obtain immigration status in the USA.
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Can I give up on the project and try another one during the I-526?
Giving up on the EB-5 project during the I-526 can complicate the process; it's essential to act cautiously and comply with immigration laws to avoid risks and new requirements.
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Can I have a virtual headquarters at the beginning of the EB-5 business?
The EB-5 visa allows residence in the U.S. via investment, requiring real operation in the local economy and concrete job creation, even with an initial virtual headquarters.
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Can I have American partners?
American partners can participate in EB-5 investments provided the project strictly complies with legal requirements and generates jobs for workers in the U.S.