Brazil Investors for EB-5 Visa Guide: Definition, Requirements, and Application Process - EB-5 Visa

Brazil Investors for EB-5 Visa allows Brazilian nationals to obtain U.S. permanent residency by investing in a U.S. business and creating jobs for American workers. It takes 4-6 years to process an EB-5 visa for Brazil investors. According to the U.S. Department of State (DOS), a total of 76 EB-5 visas were issued to Brazilian investors in fiscal year (FY) 2023.

The EB-5 Visa has five key benefits for Brazil investors. These benefits include a direct path to US permanent residency, no sponsorship required, flexibility in employment, education benefits, and potential return on investment.

What is EB-5 Visa?

The EB-5 Visa is an immigrant visa for foreign investors who wish to obtain permanent residency (a green card) in the United States. It is acquired by meeting the necessary EB-5 visa requirements, satisfying the minimum investment amount, and having a lawful source of funds.

What are the benefits of EB-5 Visa for Brazil Investors?

The benefits of EB-5 Visa for Brazil investors include a direct path to U.S. permanent residency, no sponsorship required, flexibility in employment, education benefits, and potential return on investment. Further details of each key benefit of EB5 visa for Brazil investors are listed below. 

• Path to U.S. Permanent Residency: The primary benefit of the EB-5 visa for Brazilian investors is that it provides a direct path to obtaining US permanent residency for the investor, their spouse, and unmarried children under 21 years old.
• No Sponsorship Required: Unlike many other US immigration programs, the EB5 visa does not require an employer or family member to sponsor the investor.
• Flexibility in Employment: EB 5 visa holders have the flexibility to live and work anywhere in the United States, and they are not tied to a specific employer or job.
• Education Benefits: Brazil investors can benefit from access to U.S. educational institutions at resident tuition rates, which are typically lower than international rates.
• Potential Return on Investment: While the primary goal is obtaining a green card, the investment may also generate returns depending on the project’s success.

What are the risks of EB-5 Visa for Brazil Investors?

The risks of EB-5 Visa for Brazil investors involve financial risk, job creation requirement, immigration policy changes, project risks, processing time and backlogs, as well as legal and regulatory compliance. Each risk of EB-5 visa for Brazil investors are further expanded below. 

• Financial Risk: The minimum investment amount for an EB-5 visa is significant (either $800,000 in a TEA or $1.05 million in a non-TEA), and there is no guarantee of return on investment or that the Brazilian investor will receive their capital back.
• Job Creation Requirement: The investor’s capital must create and sustain at least 10 full-time jobs for US workers. In case the project fails to create these jobs, the investor risks losing their eligibility for the EB 5 visa.
• Immigration Policy Changes: The EB5 program is subject to changes in U.S. immigration policy, including potential changes in investment thresholds, processing times, or visa availability, which could impact the Brazil investor’s application.
• Project Risks: The success of the EB-5 investment depends on the success of the project in which the capital is invested. Factors such as economic conditions, mismanagement, or other unforeseen circumstances could affect the project’s viability.
• Processing Time and Backlogs: Due to high demand, there can be significant processing times and backlogs for EB-5 visas, which may delay the Brazil investor’s ability to obtain US permanent residency.
• Legal and Regulatory Compliance: Brazil investors must ensure compliance with complex legal and regulatory requirements, including securities laws and immigration regulations, which may require professional legal and financial advice.

How much does an EB-5 Visa cost for Brazil Investors?

The EB-5 Visa cost for Brazil investors ranges from $108,315 (R$607,695.89 Brazilian Real) to $137,305 (R$770,342.84 Brazilian Real).

Every EB-5 investor must set aside $21,685 (R$121,662.61 Brazilian Real) for the common filing fees and an average of $25,000 (R$140,261.25 Brazilian Real) for the EB-5 immigration lawyer. A breakdown of the EB-5 Visa cost for filing and immigration lawyer fees include the I-526 or I-526E petition filing fee of $11,160 or $12,160 (R$62,612.62 or R$68,223.07 Brazilian Real), I-829 filing fee of $9,525 (R$53,439.54 Brazilian Real), the EB5 Visa lawyer fees which ranges from $20,000 to $25,000 (R$112,209 to R$140,261.25 Brazilian Real), and expert immigration fees when filing I-829 for removal of conditions, which ranges from $5,000 to $7,500 (R$28,052.25 to R$42,078.38 Brazilian Real).

For regional center EB-5 investors, there is a Regional Center Fund Administration fee which ranges from $60,000 to $80,000 (R$336,627 to R$448,836 Brazilian Real). For direct EB-5 investors, there is a contract fee of about $15,000 (R$84,156.75 Brazilian Real).

For EB5 investors residing in the US, there is an I-485 Adjustment of Status petition fee of $1,440 or $950 (R$8,079.05 or R$5,329.93 Brazilian Real). There is an option of filing the Form I-765 for employment authorization for the Employment Authorization Document (EAD), which costs $470 (R$2,636.91 Brazilian Real). The Form I-131, Application for Travel Document for Advance Parole, has a filing fee of $630 (R$3,534.58 Brazilian Real).

For EB-5 investors outside the US, there is a filing fee for the Form DS-260, which costs $345 (R$1,935.61 Brazilian Real) per person. Another part of the EB5 Visa Cost is the U.S. Citizenship and Immigration Services (USCIS) Immigrant Fee, which is $235 (R$1,318.46 Brazilian Real) per person. EB5 investors outside the US will have to budget for charges related to making foreign remittances.

Aside from all these costs, additional expenses may arise based on whether the EB5 investor requires an English translation of the documents, whether the EB-5 investor intends to travel to the U.S. to inspect the Regional Center project, or if the EB5 investor needs to conduct direct business before transferring the investment.

What is the priority date for EB5 visa in Brazil?

The priority date for EB5 visa in Brazil is “current.” There is currently no backlog for the EB-5 visa for Brazilian investors, meaning that Brazilian applicants can proceed without waiting for visa availability. This status allows Brazilian nationals to apply for the EB-5 visa without any delays related to priority dates, making it an attractive option for those looking to invest in the United States.

Due to the nature of the EB-5 visa program and the quota system, the priority dates can change frequently. It’s essential to check the latest visa bulletin issued by the U.S. Department of State, which outlines the current priority dates for each visa category including EB-5. This bulletin is typically updated on a monthly basis. To find the most current information, you can visit the U.S. Department of State’s Visa Bulletin website or consult with an immigration attorney who specializes in EB-5 visas.

What are the EB-5 Visa statistics for Brazil investors?

The EB-5 Visa statistics for Brazil investors states that approximately 1,800 Brazilian investors applied for the EB-5 visa in FY 2023. A total of 76 EB-5 visas were issued to investors from Brazil in FY 2023 according to the U.S. Department of State (DOS). This figure places Brazil seventh among the top countries for EB-5 visa issuance during that period.

What is the best project to invest in with an EB-5 visa for Brazil Investors?

The best project to invest in with an EB-5 visa for Brazil investors is a real estate development project. Real estate investments in high-demand markets tend to have a lower risk profile compared to more speculative ventures, providing a balance of stability and potential for return. There are two main types of EB-5 projects. These are Regional Center Projects and Direct Investment Projects.

Regional Centers are organizations approved by USCIS that manage EB-5 investment projects. They pool funds from multiple investors to finance larger-scale projects, such as real estate developments, infrastructure projects, or other business ventures. Regional Centers often use economic modeling to count both direct and indirect job creation. This can sometimes make it easier for the project to meet the job creation requirements of the EB-5 visa. Brazilian investors’ funds are typically spread across various projects or sectors, which can reduce individual risk. Regional Centers usually have experienced management teams handling the day-to-day operations of the projects, potentially leading to better outcomes.

Direct Investment Projects involve investing directly into a business, typically requiring a larger investment and more active involvement from the investor. Brazil investors may have more control over the project, though this is often dependent on the specific structure of the investment. Direct Investments require the creation of at least 10 full-time jobs for U.S. workers directly attributable to the investment. Direct investments can offer higher potential returns but also come with increased risk and a need for more hands-on management.

EB5 Regional Center Projects are good to invest in and recommended for many Brazilian investors, especially those who prefer a more passive investment with a diversified risk profile. They offer more flexibility with job creation requirements and can be less demanding in terms of investor involvement.

What does the future hold for EB-5 investors from Brazil?

The future for EB-5 investors from Brazil looks promising as Brazil remains a significant source of applicants for the EB-5 Immigrant Investor Program. The EB-5 process involves investing a minimum of $800,000 in a TEA or $1.05 million in a non-TEA, and meeting job creation requirements. Brazilian investors typically work with immigration attorneys and regional centers to navigate the EB-5 visa application, ensuring their investments meet the criteria. The number of Brazilian investors has been increasing due to the program’s appeal amid Brazil’s economic challenges and the desire for U.S. residency. As long as the EB-5 program remains attractive and accessible, and assuming no significant changes in U.S. immigration policy or investment requirements, Brazilian interest in the EB-5 program is likely to continue growing.

What other countries can invest in the EB-5 Visa program?

Other countries that can invest in the EB-5 Visa program include Mexico, Taiwan, Nigeria, Vietnam, South Korea, United Kingdom, China, India, Hong Kong, South Africa, Singapore, Colombia, Indonesia, UAE, Venezuela, Philippines, Egypt, Canada, Germany, Bangladesh, Malaysia, Iran, Israel, Kuwait, New Zealand, Turkey, and Poland.

Each country has its own unique considerations and challenges when it comes to the EB-5 visa program. A comparison of some key differences and special considerations for investors from Mexico, Taiwan, Nigeria, Vietnam, South Korea, the United Kingdom, China, and India are below.

• Mexico Investors for EB-5 Visa – Mexico has become an increasingly popular country for EB-5 investors due to its proximity to the U.S., strong economic ties, and relatively high net worth among its population. Mexican investors are attracted to a range of EB-5 projects, including those in urban centers and regional developments. The processing times for Mexico Investors for EB-5 Visa can be relatively faster compared to countries with larger backlogs.
• Taiwan Investors for EB-5 Visa – Taiwan has a growing number of EB-5 investors due to its high-income economy and increasing interest in U.S. residency. Taiwanese investors often look for stable, well-managed EB-5 projects that provide a secure return on investment. Taiwan Investors for EB-5 Visa has moderate processing times, influenced by the demand for EB5 visas and U.S. immigration policies.
• Nigeria Investors for EB-5 Visa – Nigeria’s increasing number of high-net-worth individuals and entrepreneurs has led to a growing interest in the EB-5 visa program. Nigerian investors often seek EB-5 projects that offer significant potential for job creation and economic impact. Nigeria Investors for EB-5 Visa may face longer processing times due to high demand and specific visa backlog issues.
• Vietnam Investors for EB-5 Visa – Vietnam has seen a surge in EB-5 visa interest due to rapid economic growth and a rising middle class. Vietnamese investors are drawn to diverse EB-5 projects, with a particular focus on those in urban and infrastructure development. The demand for Vietnam Investors for EB-5 Visa is high, which can influence processing times and visa availability.
• South Korea Investors for EB-5 Visa – South Korea has a substantial number of EB-5 investors due to its strong economy and high net worth individuals. South Korean investors typically look for projects with solid economic fundamentals and reliable returns. South Korea Investors for EB-5 Visa generally experience relatively efficient processing times compared to countries with larger application backlogs.
• The United Kingdom Investors for EB-5 Visa – The United Kingdom has a notable number of EB-5 applicants, driven by its affluent population and interest in U.S. residency. British investors often seek high-quality, secure investment opportunities with clear paths to job creation. The United Kingdom Investors for EB-5 Visa typically benefit from relatively smooth processing, although demand and policy changes can impact timelines.
• China Investors for EB-5 Visa – China has historically been one of the largest sources of EB-5 investors, driven by its large number of high-net-worth individuals seeking U.S. residency. Chinese investors often prefer projects with high potential for return and job creation, and many work through Regional Centers. Due to high demand, there are often significant backlogs and extended wait times for China Investors for EB-5 Visa, sometimes requiring several years to process.
• India Investors for EB-5 Visa – India, a rapidly growing economy and a prominent player in global business, offers substantial opportunities for investors seeking the EB-5 Visa. With a population exceeding 1.4 billion, India is known for its vibrant culture, burgeoning technology sector, and increasing global influence. India Investors for EB-5 Visa benefit from the program because it is a pathway to U.S. permanent residency, leveraging their business acumen and capital to contribute to U.S. economic growth while securing opportunities for themselves and their families in the U.S.

Is the USA a good foreign market to invest in for Brazil citizens?

Yes, the USA is a good foreign market to invest in for Brazil citizens. The U.S. economy is one of the largest and most stable in the world, offering diverse opportunities across various sectors. This stability can provide a safer environment for investment compared to more volatile markets. The U.S. market is vast and diverse, with opportunities ranging from technology and real estate to healthcare and consumer goods. This variety allows Brazilian investors to diversify their investments and tap into numerous high-growth areas. The U.S. has a well-established legal and regulatory framework that provides protection for Brazil investors and their investments. This includes intellectual property rights, contract enforcement, and transparency in business operations.

Is EB-5 Visa popular to Brazil Investors?

Yes, EB-5 Visa is popular to Brazil investors. The EB5 visa is highly sought-after by Brazil investors because the program offers a direct route to a U.S. Green Card and citizenship, presents unlimited educational opportunities, provides high living standards and security, gives ease of assimilation in the American society, and offers faster immigration.

Can EB-5 Visa Attorney speed up the process of EB-5 Visa?

Yes, an EB-5 Visa Attorney can speed up the process of EB-5 Visa for Brazil investors. An EB5 Visa Attorney can make an expedite request to the USCIS to speed up the processing time of a Brazil investor’s EB 5 petition or application. These petitions or applications include Form I-526 Immigrant Petition by Alien Entrepreneur, Form I-924 Application for Regional Center, and Form I-829 Petition by Entrepreneur to Remove Conditions.

Is obtaining an EB-5 visa easy for Brazil Investors?

No, obtaining an EB-5 visa is not easy for Brazil investors. The level of difficulty getting an EB-5 visa is determined by the Brazil investor’s financial standing, business acumen, and dedication to job creation. Even though the EB-5 Visa has a simple process, it does need a significant financial investment and compliance with job creation requirements. Apart from that, Brazilian investors for EB-5 Visa have to take into consideration the demand and waiting times, legal and documentation requirements, and the immigration process, which includes multiple steps and requires careful attention to detail as well as adherence to U.S. immigration laws and regulations.

Can a Brazil national apply for EB 5 while on H1B?

Yes, a Brazilian national can apply for EB 5 while on H1B. The EB-5 Reform and Integrity Act of 2022 has made it easier for H-1B visa holders, particularly those who are Brazilian citizens, to apply for EB-5 visas and obtain permanent residency in the United States. As per the immigration attorneys, H-1B Brazil holders can file their Adjustment of Status concurrently with their EB-5 petition through the Registered Investment Advisor (RIA) concurrent filing route. This enables H-1B Brazilian holders to remain in the US while their EB-5 petition is being processed.

Can a Brazilian Investor borrow money for EB-5 Visa?

Yes, a Brazilian investor can borrow money for EB-5 Visa investment, but there are specific guidelines and requirements that need to be met to ensure compliance with EB-5 visa regulations. These EB5 Source of Funds Requirements include having a legal source of funds, showing records of business registration as proof of its existence, collecting copies of tax returns from personal or business tax filings, providing documents if the funds were from a third party, and submitting administrative proceedings both in and outside the US.