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Questions about EB-5 Visa
Straight answers related to this visa.
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Can I have an American partner who is not participating in the EB-5?
Having an American partner is possible in the EB-5 as long as the foreign investment meets legal requirements and the company structure respects the program's rules.
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Can I have an EB-5 green card and live half the year in Brazil?
It is possible to live half the year in Brazil with an EB-5 green card, provided strong ties and residence in the U.S. are maintained, avoiding prolonged absences so as not to lose the status.
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Can I have an EB-5 green card and not live in the USA?
The EB-5 green card requires the resident to maintain ties and effective residence in the U.S. to avoid loss of permanent resident status.
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Can I have an online business that hires remotely?
Online businesses can be accepted under the EB-5 visa as long as they generate at least 10 direct jobs for residents in the U.S., strictly complying with local laws.
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Can I have another foreign partner who is also doing EB-5?
It is possible to have another foreign partner in the same EB-5 project, provided each investor individually meets all the legal and documentary requirements of the program.
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Can I have Brazilian and American citizenship after a few years?
It is possible to have dual Brazilian and American citizenship, but this requires strict compliance with legal requirements in both countries and caution throughout the process.
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Can I have co-applicants?
The EB-5 visa allows including spouse and minor children as co-applicants, ensuring a future for families, provided that US immigration laws are respected.
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Can I have dual citizenship after naturalizing in the USA?
The USA permits dual citizenship upon naturalization, but its validity depends on the laws of the country of origin and requires attention to possible legal and tax obligations.
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Can I have had a personal bankruptcy before and still apply for the EB-5?
Personal bankruptcy does not prevent EB-5; the essential requirement is to legally prove the origin of the invested funds and comply with legal requirements.
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Can I have help from family members to manage the business?
Family support in managing the EB-5 business is possible, provided that roles are clear and strictly comply with the program's legal requirements.
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Can I have multiple Brazilian investors in the same project?
Multiple Brazilian investors can participate in the same EB-5 project, provided they meet legal criteria, ensure transparency, and seek specialized professional guidance.
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Can I have multiple business addresses?
Companies can have multiple addresses under the EB-5 visa, provided the investment is documented, legal, and generates jobs according to program requirements.
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Can I have multiple children included, even from different mothers/fathers?
It is possible to include multiple children, even from different mothers or fathers, in the EB-5 process, provided they are legally linked and meet the established criteria.
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Can I have multiple financiers for my investment?
In the EB-5 visa, each investor must prove individual origin and control of funds; third-party resources cannot be combined to meet the minimum investment.
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Can I have multiple residential addresses?
Keeping records updated and defining a primary address is essential to meet US immigration requirements, especially in programs such as EB-5, avoiding legal issues.
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Can I have sponsorship from someone else?
The EB-5 visa requires legal personal investment; sponsorship from third parties is not allowed to ensure compliance and security in the permanent residency process.
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Can I have two EB-5 petitions at the same time?
Having two EB-5 petitions simultaneously is possible, but requires strict compliance with legal requirements to avoid complications with USCIS.
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Can I hire a consultant just for the business plan?
It is possible to hire a consultant to prepare the EB-5 visa business plan, but the legal responsibility lies with the investor. It is essential to choose experienced professionals and avoid dubious offers.
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Can I hire an American manager for the company?
Yes, it is permitted to hire an American manager within the EB-5 visa, provided the business respects local laws and meets the program's employment requirements.
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Can I hire Brazilian lawyers to represent me at USCIS?
Only lawyers licensed in the U.S. can represent clients at USCIS; Brazilian lawyers can provide guidance, but formal representation requires a U.S. license.