EB-5 Visa: tips for applying and earning a Green Card

EB-5 visa

EB-5 is a job creation visa through investment and a way to obtain the Green Card and permanent residence in the United States.

Making the investment can lead to the Green Card and so the investor together with their spouse and children under the age of 21 can permanently live and work in the United States.

The EB-5 program is operated by the United States Citizenship and Immigration Services agency (USCIS).

Program created by the United States Congress in 1990 to increase investment in the US economy.

How is the program?

  • People of any nationality can apply for this visa, having the necessary capital is the biggest requirement.
  • Initial duration of 2 years, with the possibility of receiving a permanent residence status valid for 10 years.
  • Allows you to apply for a Green Card and apply for American citizenship.
  • The investor’s spouse can carry out activities.
  • Professionals in the country and their children have facilities in education.

Now that you know what the EB-5 visa is and how it is, do you know how to apply?

Planning is the most important part when applying for a visa Here are some excellent steps for applying for an EB-5 visa:

1 – Personal financial analysis

A personal financial analysis is a very important step, as the contribution for the EB-5 visa is at least currently $ 900,000.

This contribution can be considered in the long term as soon as the return can take up to years, and the interested party will have documentation costs, specialists in immigration and tax planning in the United States.

2 – Support

There are two ways to contribute to the EB-5 visa: the contribution can be direct or indirect.

In the direct form:

The investor responsible for the company has to open and run his own business, having to manage and administer it in order to make it feasible, in which he must generate 10 direct jobs in which is required by the program during the period of 02 years.

The investor after 5 years, will not have a return on capital since the resources are invested in his own business, he must keep the enterprise active during its application and in the 5th year to negotiate it if he wants another type of activity, the transaction will depend on the success achieved by the enterprise.

In Indirect form

The investor invests through Regional Centers.

The Regional Center is responsible for the business contributed and so the investor can live in any area of ​​the United States as long as it is close to where the new business is installed and does not need to take care of the project directly, manage and administer the construction. These tasks are assigned to the project developer.

In this way, the investor can live anywhere within the American territory, if he is well advised, he has the possibility of returning the funds contributed after the period of 5 years.

3 – Experts

Hiring specialists in immigration and tax planning is of paramount importance and the whole tax issue in the USA and Brazil can be very complex and the investor must seek to understand both systems in order not to be double taxed.

The Visa Advisory has a Regional Center and assists those interested in immigration through the EB-5.

In addition, it has competent partners in tax and immigration matters, both in Brazil and in the United States.

4 – Form

Sending the I-526 form to the USCIS for the necessary capital investment in the chosen business, this form will contain all the details of the venture and the investor.

They will take into account the possibility of 10 jobs, if the investment was made in a new business and if the resources used were legal.

5 – Moving to the USA

Preparing to move to the United States and proving their intention to reside there, successful immigrants from the visa program become legal permanent residents in the United States.

The investor has 180 days to make his first entry into the country. And to prove that you want to live there, you have to open a bank account, obtain your Social Security number, pay state and federal taxes, buy or rent a house, among other ways.

Permanent residents receive a green card, which allows them to live anywhere within the United States and work without the need for sponsorship from an American employer.

Permanent residency can also be granted to the EB-5 investor’s spouse and their unmarried children under 21.

Now you know how to apply EB-5.

However, this is not all, besides that, the visa, like any other American visa, is only the document that allows a foreigner access to one of the immigration points of the United States, for a purpose.

For the permanent residence certificate itself it is the green card.

Green Card

After the visa adviser estimates the application period where the investor and consultants’ activities are more active, it lasts from 1 to 3 months, during which time the documents are gathered to be presented to the American government, waiting for the conditional Green Card approval, it can take an average of 14 months.

Once the EB-5 visa investor is approved, he has 180 days to move to the United States already paying American taxes, staying with the conditional green card for two years thus fulfilling the requirements of the EB-5 program.

If all requirements are being met, the investor can request the removal of conditionalities and receive the permanent Green Card for himself and his direct family and, if he wishes, apply for US citizenship after 5 years living in the USA.

Having this information and applying these tactics you are one step away from EB-5.

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