EB-5 visa for investors: how to get a green card through investments in the USA

Many Brazilians share the dream of living in the United States. If you’re an investor, one of the best ways to turn this desire into reality is through the EB-5 visa.

The EB-5 visa is a program that grants a green card to foreign investors who invest capital in ventures in the USA.

In this comprehensive guide, we’ll cover what the EB-5 visa is, how it works, the requirements, the advantages and the step-by-step process for obtaining it.

What is the EB-5 visa?

The EB-5 visa is an investor visa category created by the United States Congress in 1990, with the aim of objective of stimulate the American economy through foreign investment and job creation.

The acronym “EB” stands for Employment-Based (and the number “5” indicates that it is the fifth preference in this category.

By investing a specific amount in a new business venture in the USA, the investor and their family can obtain legal permanent residence, known as a green card.

What are the requirements for obtaining an EB-5 visa?

To qualify for the EB-5 visa, the investor must meet the following criteria:

• Capital investmentinvestment of at least US$ 800,000 in a new commercial enterprise located in a Targeted Employment Area (TEA)These are rural areas or areas with high unemployment. For investments outside these areas, the minimum amount is US$ 1,050,000.
• Job creationThe investment must result in the creation of at least 10 full-time jobs for American workers or legal residents, within a specified period.
• Lawful origin of fundsThe legal origin of the funds: it is necessary to prove that the capital invested was obtained legally, by presenting documentation attesting to the origin of the funds.

Advantages of the EB-5 visa

Opting for the EB-5 visa offers several benefits for the investor and his or her family:

• Permanent residencyThe possibility of obtaining a Green Card for the investor, spouse and unmarried children under the age of 21, allowing them to live, work and study anywhere in the USA.
• Path to citizenshipAfter five years of permanent residence, it is possible to apply for American citizenship, provided the legal requirements are met.
• Geographical and professional freedomunlike other visas based on employmentthe EB-5 visa does not require a sponsor or a link to a specific employer, providing greater flexibility.
• Educational opportunitiesaccess to quality educational institutions, with the possibility of reduced fees for permanent residents.
• Possibility of financial returndepending on the project, the investor can obtain a return on the capital invested after the period required by the program.

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Step by step to obtain an EB-5 visa

The EB-5 visa is an excellent opportunity for foreign investors wishing to obtain permanent residence in the United States. Below, we detail the essential steps for obtaining this visa.

1. choice of investment project

The first step in obtaining an EB-5 visa is to choosing the right investment project. This project must meet the program’s specific criteria, such as job creation for American workers and a minimum capital contribution.

2. Due diligence

Before making any investment, it is essential to carry out a thorough assessment of the chosen project. Due diligence involves analyzing the following aspects:

• RisksEvaluate the potential financial and operational risks of the project.
• Financial returnEstimate the potential return on investment.
• Legal compliancecheck that the project complies with EB-5 program rules and USCIS requirements.

Carrying out this analysis may involve consulting specialized professionals, such as accountants and investment consultants.

3. Engaging professionals

Hiring a company specializing in immigration is a fundamental step in the process of obtaining an EB-5 visa. This company will be responsible for:

• Guidance on legal aspectshelp to understand all the legal obligations and ensure that the investor is complying with the program’s requirements.
• Preparation of documentation: assist in the preparation and submission of the necessary documentation for the I-526 petition.
• Ensuring complianceto make sure that the process is being carried out correctly, from investment to status adjustment.

4. Investment

Once the project has been chosen and due diligence has been carried out, the next step is to make the investment. The capital contribution must be made in accordance with the guidelines of the EB-5 program, which includes:

• Investment amountThe minimum investment amount is US$1,050,000, or US$800,000 if the investment is in a target employment area (TEA).
• Correct allocation of fundsFunds must be properly allocated to the project and used in accordance with EB-5 requirements.

5. Submission of the I-526 petition

The I-526 petition is one of the most important documents in the EB-5 process. By submitting this petition to USCIS, the investor demonstrates their eligibility for the program, including:

• Proof of investmentThe investor must provide proof that the capital has been duly invested in the selected project.
• Lawful origin of fundsThe investor must document the origin of the funds used, ensuring that they have not been obtained from illicit sources.

The I-526 petition is crucial to the process and must be prepared with great care to avoid delays or denials.

6. Approval and status adjustment

Once the I-526 petition has been approved, the investor can proceed with the process of obtaining a green card. Depending on your location, the process can go two ways:

If the investor is in the USA

The investor can apply for adjustment of status to conditional permanent resident, which will allow them to become a legal permanent resident.

If the investor is outside the USA

If the investor is outside the United States, they must must go through the consular processHe will be interviewed at the American Consulate in his region. After this stage, they will be able to receive an immigrant visa.

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7. Removal of conditionality

After two years of conditional residence, the investor must request that the conditionality of the Green Card be removed. To do so, they must file an I-829 petition with the USCIS. This process aims to prove that:

• Investment maintenanceThe investor must demonstrate that the initial investment has been maintained in the project during the conditional period.
• Job creationThe investor must prove that the project has created at least 10 jobs for American workersas stipulated by the EB-5 program.

If USCIS approves the I-829 petition, the investor and his family will receive a permanent green card, completing the immigration process.

The EB-5 visa represents a valuable opportunity for Brazilian investors who wish to establish residency in the United States through investments that boost the local economy.

However, it is essential to plan carefully, rely on qualified professional advice and be aware of all the obligations and responsibilities associated with the program. In this way, you can follow a safe path towards the American dream.

If you are interested in exploring the process of obtaining an EB-5 visa safely and effectively, you can count on D4U Immigration.

Our team of experts is ready to help you understand every step of the process and ensure that your application complies with all legal requirements.

Discover the services of D4U Immigration and take the first step towards gaining your permanent residence in the United States.