EB-5 visas were created to facilitate the entry of immigrants who stimulate the American labor market growth. It is a visa assigned to foreign investors who make an investment of $ 900,000 or $ 1.8 million in a US commercial entity, and that creates at least 10 full-time jobs for each designated investment share. The minimum mandatory capital requirement depends on where the North American project investment is located. EB-5 investors have the option of investing in business entities called “regional centers”, appointed by the government to manage investment projects qualified for EB-5. These centers have a specific share of the total visas available for the category, a total equivalent to 7.1% of professional visas (EBs).
Among the various characteristics of this visa, it is important to mention that the investment applied must have a risk-capital type, that is, the investor has no control over the return on the invested capital. Also, in the deal agreement, must not have clauses that guarantee a return on capital or profitability of the investment, therefore a risky investment business type. Applicants for this type of visa must be very careful about possible fraud and schemes used by third parties, as well as possible failures in the development of the investment, especially due to the risk characteristics and the attractiveness of the proposal.
Because there are many existing visas and their specific characteristics, it is highly recommended that the person interested in emigrating to the United States seek qualified professional help to do so. Understanding immigration rules and their implications is a complex task and full of correlations with other legal areas, making the process complicated for anyone to navigate independently.
In addition, immigration rules and regulations are constantly changing, which makes this legal area even more complex. Therefore, duly licensed lawyers with previous experience are recommended to assist with the visa application, since they are the only professionals qualified to provide legal advice, both in the United States and in Brazil.