ARTICLE
13 August 2024

Unlocking Opportunities: EB-5 As A Pathway To US Permanent Residency For Brazilians

For many high-net-worth Brazilians, the EB-5 Immigrant Investor Program, particularly the Regional Center Program, offers an opportunity to secure US permanent...
Worldwide Immigration
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For many high-net-worth Brazilians, the EB-5 Immigrant Investor Program, particularly the Regional Center Program, offers an opportunity to secure US permanent residency for themselves and their families.

As one of the fastest and most straightforward pathways to a US green card today, this program is reshaping the immigration landscape for Brazilian investors by providing a unique chance to invest in America's future.

The EB-5 Regional Center Program invites eligible investors to channel their capital into projects that create and preserve US jobs, offering a dual benefit of fostering economic growth and securing residency.

The minimum investment amount required to invest in a regional center is $800,000 if the investment project is in a targeted employment area (TEA). This investment must create or preserve at least 10 full-time jobs for US workers.

Regional centers play a pivotal role in this journey, managing the intricate details to ensure that investment funds are strategically directed towards job creation, enabling a swift and seamless green card filing process.

Why is the EB-5 Regional Center Program so attractive for high-net-worth Brazilian nationals?

The EB-5 Regional Center Program offers numerous advantages including fast processing times and no visa backlogs for Brazilian investors, making it an appealing choice for those seeking US permanent residency.

Additionally, Brazilian investors typically encounter no significant issues with monetary and remittance limits for wire transfers to the EB-5 regional center. Many Brazilian nationals find the EB-5 process a more straightforward route to permanent residency when compared to other employment-based permanent residency processes, including EB-1, EB-2 and EB-3.

  • Fast Processing Times and No Backlogs: The EB-5 Program offers expedited processing times in certain EB-5 subcategories, and is currently not oversubscribed for Brazilians, meaning green cards are immediately available for those who apply. This means that if an investor is in the U.S. on a valid nonimmigrant status, such as F-1, H-1B, or L-1, they can file an adjustment of status application (I-485) concurrently with the initial EB-5 petition filing. This streamlined process grants the investor and their family quick access to work authorization and international travel permission (“Advance Parole”) while their green card applications are pending.
  • No Monetary and Remittance Limits for Wire Transfers: Brazilian investors benefit from few monetary and remittance restrictions when transferring funds to EB-5 regional centers in the US. Unlike some countries with strict regulations, Brazil does not generally impose limits on the amount that can be wired from its banks. Brazilians who apply can wire funds from any jurisdiction, including from within or outside of the US.
  • EB-5 v. EB-1, EB-2, and EB-3: While Brazilian nationals can pursue green cards through employment-based options like EB-1, EB-2, and EB-3, these pathways often involve complex and time-consuming processes. For instance, EB-2 and EB-3 visas require a US employer's job offer and a successful labor market test to prove that no minimally qualified U.S. workers are available for the position the employer is sponsoring. This process can be lengthy and can lead to extended wait times for green cards. Although EB-1 options, including EB-1A (for individuals of extraordinary ability), EB-1B (for outstanding professors and researchers), and EB-1C (for executives or managers transferring within the same multinational company), are generally quicker than EB-2 and EB-3, they require more stringent requirements and extensive documentation. The EB-5 Program provides a more straightforward and efficient alternative, bypassing these hurdles.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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