Brazilian applicants · United States of America
EB-5 Immigrant Investor Program for Brazilian citizens
Permanent residence through investment in a new US commercial enterprise that creates at least 10 full-time jobs.
- Processing time
- I-526E/I-526: varies widely by set-aside category (rural set-aside typically faster).
- Government fees
- I-526/I-526E USD 11,160; I-829 USD 9,525; plus regional-center or direct-project fees set privately.
- Typical duration
- Conditional 2-year residence leading to unconditional permanent residence.
- Sponsor required
- No
- Leads to settlement
- Yes
Bilateral context
- US E-1/E-2 Treaty
Consular processing: São Paulo / Rio de Janeiro / Brasília
Tourist entry vs. this route
Brazilian nationals require a visa for any entry into United States of America. The EB-5 Immigrant Investor Program is one of the routes available; tourist entry is a separate application.
Visa overview
The EB-5 immigrant investor program grants conditional permanent residence for qualifying investment in a new US commercial enterprise. The EB-5 Reform and Integrity Act of 2022 set the standard minimum investment at USD 1,050,000, reduced to USD 800,000 for Targeted Employment Areas (TEAs) and infrastructure projects. Set-aside visa categories (rural, high-unemployment, infrastructure) provide faster pathways for qualifying regional-center projects.
Eligibility
Typical criteria
- ✓Minimum qualifying investment of USD 1,050,000, or USD 800,000 in a Targeted Employment Area or infrastructure project.
- ✓Investment into a new commercial enterprise (formed or restructured post 29 November 1990).
- ✓Creation of at least 10 full-time US jobs (directly, or indirectly if invested through a regional center).
Common blockers
- !Insufficient documentation of lawful source and path of funds.
- !Investment loaned on non-arm’s-length terms or not truly at risk.
Typical evidence
- ·Bank statements, tax returns, and loan documents tracing source of funds.
- ·Business plan compliant with Matter of Ho for direct cases.
- ·Private-placement memorandum and escrow agreements for regional-center cases.
Application pathway
Select project and file I-526E (regional-center) or I-526 (direct)
Investor files petition demonstrating capital at risk and job creation.
Obtain conditional permanent residence
Adjust status or consular process once priority date is current.
File I-829 within 90 days before conditional residence expires
Demonstrate job creation and sustained investment.
Receive unconditional permanent residence
Pathway to naturalisation follows.
Other United States of America routes covered for Brazilian applicants
O-1 Individuals with Extraordinary Ability or Achievement
Visa for individuals with extraordinary ability in sciences, education, business, athletics (O-1A) or the arts/film/television (O-1B).
EB-3 Skilled, Professional, and Other Workers
Third-preference employment-based green card requiring employer sponsorship and PERM labor certification.
F-1 Student Visa (with OPT and STEM OPT)
Non-immigrant student visa for academic study at a SEVP-certified institution, with post-study OPT employment authorisation.
J-1 Exchange Visitor
Exchange visitor visa covering academic scholars, students, trainees, interns, researchers, au pairs, and other exchange programs.
K-1 Fiancé(e) of US Citizen
Non-immigrant visa allowing the fiancé(e) of a US citizen to enter the US to marry within 90 days and then apply for a green card.
Comparable routes in other destinations
Frequently asked questions
Are Brazilian citizens eligible for the EB-5 Immigrant Investor Program?+
Eligibility for the EB-5 Immigrant Investor Program is set by U.S. Citizenship and Immigration Services and is not nationality-restricted beyond the general criteria, though Brazilian applicants may also have access to the following bilateral or treaty frameworks: US E-1/E-2 Treaty. See the criteria below for the published requirements.
Where do Brazilian applicants typically file the EB-5 Immigrant Investor Program?+
São Paulo / Rio de Janeiro / Brasília. Specific intake (online portal, biometrics centre, or in-country lodgement) is determined by U.S. Citizenship and Immigration Services — confirm the current intake channel on the primary source linked above before filing.
Do Brazilian applicants need a tourist visa for United States of America as well?+
Brazilian nationals require a visa for any entry into United States of America. The EB-5 Immigrant Investor Program is one of the routes available; tourist entry is a separate application.
What changed with the EB-5 Reform and Integrity Act (RIA)?+
RIA, signed March 2022, re-authorised the regional-center program, increased oversight, set new minimum investment levels (USD 800,000 TEA / USD 1,050,000 standard), introduced set-aside visa categories (20% rural, 10% high-unemployment, 2% infrastructure), and added integrity measures for regional centers.