Frequently asked questions
Questions about EB-5 Visa
Straight answers related to this visa.
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Can I hire different lawyers for each phase of the EB-5?
It is possible to hire different lawyers for each phase of the EB-5, provided there is efficient coordination and compliance with US immigration regulations.
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Can I hire foreigners with a green card in my EB-5?
Foreigners with a green card can be hired in EB-5 projects as long as they are legally authorized and the investment meets the job creation criteria.
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Can I hire foreigners with work visas to make up the 10 jobs?
EB-5 jobs can be occupied by foreigners with a valid visa provided they meet legal requirements and jobs are full-time, complying with immigration regulations.
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Can I hire relatives as a way to create jobs?
Hiring relatives under the EB-5 visa is allowed if the jobs are legitimate, essential, and comply with US labor and immigration laws.
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Can I hire relatives as employees?
It is possible to hire relatives under EB-5, provided they perform real and legitimate functions, respecting the laws and program requirements to ensure effective job creation.
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Can I import foreign workers to meet the job quota?
In EB-5, the jobs created must be filled by workers legally authorized in the U.S., and cannot be filled by imported foreign workers.
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Can I include my parents in the EB-5?
The EB-5 visa allows inclusion of only spouse and unmarried children; parents must be sponsored separately after obtaining the green card.
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Can I include stepchildren in my EB-5?
Stepchildren can be included in the EB-5 if they prove legal dependency and comply with the criteria defined by U.S. immigration laws, with professional support recommended.
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Can I include stepchildren who do not live with me?
Stepchildren can be included in the EB-5 process if the legal and dependency relationship is well documented, even if they do not live with the investor.
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Can I invest directly in a company?
EB-5 allows direct investment or investment through regional centers, requiring job creation and legal compliance to ensure safety in the immigration process.
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Can I invest in a company that already has 20 employees but plan to expand?
Investing in a company with 20 employees can qualify for the EB-5 visa if the investment generates at least 10 new jobs and is well planned according to U.S. regulations.
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Can I invest in a family business where I am already a minority partner?
Investing in a family business where you are already a minority partner requires detailed analysis to ensure compliance with EB-5 program criteria and to avoid legal complications.
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Can I invest in a publicly traded company?
Investing in publicly traded companies does not meet EB-5 requirements, which demand active investments generating jobs in the U.S., under strict rules and professional guidance.
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Can I invest in airlines?
Investing in airlines via the EB-5 visa is possible, provided the project meets strict job creation criteria and complies with U.S. immigration legal norms.
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Can I invest in an NGO for the EB-5?
Investing in the EB-5 requires funding a commercial enterprise that generates jobs; NGOs, being nonprofit, do not qualify. Paying attention to reliable information is essential.
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Can I invest in cannabis businesses?
Investing in cannabis businesses through the EB-5 visa is complex due to the difference between state and federal laws, requiring caution and specialized advice for strict compliance with regulations.
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Can I invest in franchises?
Investing in franchises through EB-5 is possible, provided that the capital generates jobs according to strict rules and that the process is conducted with caution and specialized support.
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Can I invest in health-related projects, such as clinics?
Investing in health projects, such as clinics, is feasible through EB-5 as long as the investment creates jobs according to the rules and meets legal requirements.
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Can I invest in large corporations like Apple, Microsoft, etc.?
Investing in large corporations like Apple or Microsoft does not meet the EB-5 program's criteria, which requires investment in new enterprises that generate direct jobs.
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Can I invest in stadium snack bars?
Yes, it's possible to invest in stadium snack bars through the EB-5 visa, provided that the business creates jobs and meets the legal requirements of the program.