The EB-5 visa offers Brazilian investors a direct path to U.S. permanent residency through a qualifying investment. The program requires a minimum investment of $1,050,000, or $800,000 in a Targeted Employment Area (TEA). Investors must also create 10 full-time U.S. jobs for qualified U.S. workers. At Colombo & Hurd, we have helped investors from South America and around the world secure EB-5 approvals by documenting lawful funds, selecting sound projects, and presenting clear, evidence-driven petitions.
This guide covers what Brazilian investors need to know about the EB-5 program: how it works, what it requires, the steps involved, and what recent policy changes mean for applicants in 2026.
How Does the EB-5 Visa Work?
The EB-5 Immigrant Investor Program grants U.S. lawful permanent residency (a green card) to foreign nationals who make a qualifying investment in a U.S. commercial enterprise. The investment must be lawfully sourced and placed “at risk.” This means there can be no guaranteed return or repayment arrangement. Successful investors receive a conditional green card for two years, which can become permanent after demonstrating the investment was maintained, and the required jobs were created.
The program allows investors to include their spouse and unmarried children under 21 in their application. For many families, the EB-5 program may provide a long-term pathway to live, work, and study in the United States.
Unlike many employment-based immigration options, the EB-5 visa category does not require a job offer, employer sponsorship, or an advanced degree. Instead, eligibility typically depends on the investor’s qualifying capital investment and the creation of at least 10 full-time jobs for qualifying U.S. workers.
What Are the EB-5 Investment Requirements?
The EB-5 program has two investment thresholds, set by the EB-5 Reform and Integrity Act of 2022:
| Investment Type | Minimum Amount |
| Standard investment | $1,050,000 |
| Targeted Employment Area (TEA) or rural project | $800,000 |
A Targeted Employment Area is defined as a rural area or a region with unemployment at 150% or more of the national average. Most EB-5 projects are structured to qualify as TEA investments, allowing investors to benefit from the lower threshold.
The investment must be placed into a “new commercial enterprise.” This generally means a for-profit business formed after November 29, 1990, or an existing business undergoing substantial restructuring or expansion.
Direct EB-5 vs. Regional Center: Which Is Right for You?
There are two main pathways within the EB-5 program. The appropriate strategy may depend on an investor’s business goals, level of involvement, and risk considerations. Many investors choose to review these options with experienced immigration counsel before moving forward.
Direct EB-5
In a direct EB-5 investment, the investor creates or invests in a commercial enterprise they control. Only direct jobs (employees hired by the investor’s company) count toward the 10-job requirement. The investor files Form I-526 and typically plays an active role in running the business.
Regional Center EB-5
In a Regional Center EB-5, the investor places funds into a USCIS-approved Regional Center project. These are typically large-scale real estate or infrastructure developments that pool capital from multiple investors. The key advantage: indirect and induced jobs (those created in the surrounding community by the project’s economic activity) can count toward the 10-job requirement.
Recent policy trends have placed increased emphasis on rural TEA projects, which benefit from priority processing and reserved visa allocations. This has made rural projects an increasingly attractive option for investors seeking more predictable timelines.
| Factor | Direct EB-5 | Regional Center EB-5 |
| Investment amount | $1,050,000 (or $800,000 in TEA) | $1,050,000 (or $800,000 in TEA) |
| Job creation | 10 direct jobs only | 10 jobs (direct + indirect + induced) |
| Application form | Form I-526 | Form I-526E |
| Investor involvement | Active management | Passive investment |
Success Stories: EB-5 Approvals
Our team has helped investors from Brazil and across South America achieve EB-5 approvals. Here are examples of how thoughtful preparation and clear documentation lead to successful outcomes.
EB-5 Approval Through a Hospitality Investment
An investor came to the United States as a student. While completing his degree, he chose to pursue an EB-5 petition, investing in a hospitality project located in a Targeted Employment Area.
The primary challenge involved demonstrating the lawful source and transfer of funds that had moved across multiple family members, jurisdictions, and financial institutions. A critical part of every EB-5 case is documenting the lawful source of investment funds. Just as there isn’t one single way to lawfully obtain funds, there isn’t one single way to document them.
Our team organized financial records, supporting documentation, and affidavits into a clear chronological timeline, helping explain a complex financial history in a way that could be readily reviewed by USCIS officers.
USCIS approved the I-526 petition without a Request for Evidence (RFE), confirming full compliance with EB-5 requirements.
EB-5 Approval Through a Multifamily Residential Investment
Another successful EB-5 case involved an investor who placed capital in a multifamily residential development. The project moved from construction into full operation, helping meet local housing needs while creating qualifying jobs.
At the I-829 stage, the goal is to demonstrate that the investment was maintained throughout the conditional residence period and that the required jobs were created. This step requires clear documentation showing how the investment remained in place and how the project met EB-5 job-creation requirements.
Our team reviewed the full case record and prepared a well-organized filing with updated financial documents, partnership records, project reports, and economic data. The evidence was organized clearly so USCIS could easily track the project’s progress and confirm that all EB-5 requirements were met.
USCIS approved the I-829 petition in 3 months and 6 days without issuing a Request for Evidence (RFE). This approval confirmed the investor’s lawful permanent resident status without conditions.
Explore our detailed guide: EB-5 Investment Options Explained: Direct vs. Regional Center Models to learn how each structure works, how job creation is measured, and what investors should review before moving forward.
Success Stories: EB-5 Approvals
Our team has helped investors from Brazil and across South America achieve EB-5 approvals. Here are examples of how thoughtful preparation and clear documentation lead to successful outcomes.
EB-5 Approval Through a Hospitality Investment
An investor came to the United States as a student. While completing his degree, he chose to pursue an EB-5 petition, investing in a hospitality project located in a Targeted Employment Area.
The primary challenge involved demonstrating the lawful source and transfer of funds that had moved across multiple family members, jurisdictions, and financial institutions. A critical part of every EB-5 case is documenting the lawful source of investment funds. Just as there isn’t one single way to lawfully obtain funds, there isn’t one single way to document them.
Our team organized financial records, supporting documentation, and affidavits into a clear chronological timeline, helping explain a complex financial history in a way that could be readily reviewed by USCIS officers.
USCIS approved the I-526 petition without a Request for Evidence (RFE), confirming full compliance with EB-5 requirements.
EB-5 Approval Through a Multifamily Residential Investment
Another successful EB-5 case involved an investor who placed capital in a multifamily residential development. The project moved from construction into full operation, helping meet local housing needs while creating qualifying jobs.
At the I-829 stage, the goal is to demonstrate that the investment was maintained throughout the conditional residence period and that the required jobs were created. This step requires clear documentation showing how the investment remained in place and how the project met EB-5 job-creation requirements.
Our team reviewed the full case record and prepared a well-organized filing with updated financial documents, partnership records, project reports, and economic data. The evidence was organized clearly so USCIS could easily track the project’s progress and confirm that all EB-5 requirements were met.
USCIS approved the I-829 petition in 3 months and 6 days without issuing a Request for Evidence (RFE). This approval confirmed the investor’s lawful permanent resident status without conditions.
Common Mistakes Brazilian EB-5 Investors Should Avoid
Incomplete Source of Funds Documentation
Brazilian investors may accumulate assets through a variety of financial activities, including family businesses, property holdings, or long-term investments. This can sometimes make it more complex to document the lawful origin of EB-5 investment funds. Investors often need to provide documentation showing the source and movement of funds over time, which may include business income, real estate transactions, asset sales, gifts, or inheritance.
Overlooking International Transfer Requirements
Brazilian regulations require authorization for large transfers out of the country. Investors should work with both Brazilian financial advisors and U.S. immigration counsel to ensure compliance with transfer regulations while meeting EB-5 requirements.
Insufficient Project Due Diligence
Not all EB-5 projects are created equal. Investors should evaluate Regional Center track records, project viability, job creation projections, and exit strategies. An investment project should provide credible economic modeling and realistic timelines showing how it will create the required jobs.
Missing Document Translation Requirements
Documents in Portuguese must be accompanied by certified English translations for USCIS and consular review. This includes financial records, corporate documents, police clearances, and any other supporting materials. Plan additional time for translation and certification.
What Are the Steps in the EB-5 Process?
Brazilian investors generally follow these steps when pursuing an EB-5 visa:
1. Select a Project and Assemble Funds
Choose either a direct investment opportunity or a Regional Center project. Gather documentation proving the lawful source of your investment funds. This includes bank statements, business sale records, tax filings, and transfer receipts.
Financial documentation should clearly show lawful source, ownership, and how funds were transferred. This step often presents the greatest challenge for Brazilian investors.
2. File the I-526 or I-526E Petition
Submit your petition to USCIS with supporting documentation: the project business plan, investment receipt or escrow agreement, source-of-funds evidence, and a job-creation analysis. Regional Center investors file Form I-526E. Direct investors file Form I-526.
Processing times vary. Brazilian applicants have generally experienced shorter wait times than investors from countries with high demand. Based on available analysis, Brazilian EB-5 petitions may be processed within 1 to 2 years, though this timeline may change.
(If Eligible) File Adjustment of Status Concurrently: If you are lawfully present in the United States and a visa number is available, you may be eligible to file Form I-485 (Adjustment of Status) concurrently with your I-526/I-526E petition. This can allow you to remain in the U.S. while your case is pending, and to apply for work authorization (EAD) and travel authorization (advance parole).
3. Receive Petition Approval
USCIS approval indicates that the agency has verified your investment plan and accepted your source-of-funds documentation. Approval does not grant immigration status on its own. It clears the way for the next step.
4. Complete Consular Processing or Adjustment of Status
After I-526 approval, you complete the State Department’s immigrant visa process or adjust status in the United States, depending on your location and eligibility.
Consular Processing:
This includes filing Form DS-260 online and attending an interview at a U.S. Embassy or Consulate. Brazilian investors typically interview in Brasília, São Paulo, Rio de Janeiro, Recife, or Porto Alegre.
Prepare to present documentation of your investment, police clearances, medical examination results, and evidence that your funds remain committed to the project.
Under current policy, consular processing steps such as DS-260 submission and interview scheduling may continue. However, the issuance of the immigrant visa itself may be delayed. This means applicants can proceed through the process, but final visa stamping may not occur until the policy is lifted.
Adjustment of Status (AOS):
Investors who are lawfully present in the United States may complete the final stage through Form I-485 without departing the country. This pathway is not impacted by the pause on visa issuance abroad and may offer a more predictable timeline for eligible applicants.
Applicants who did not file concurrently may complete Adjustment of Status at this stage if eligible. In both cases, once the process is completed, the investor and qualifying family members receive conditional permanent residence.
2026 Policy Update:
In January 2026, the U.S. Department of State introduced a temporary measure suspending the issuance of immigrant visas for nationals of 75 countries, including Brazil. While U.S. consulates may continue to schedule visa interviews, the actual issuance of visas may be delayed for as long as the policy remains in place. This measure applies specifically to visa issuance at consulates and does not impact the adjudication of EB-5 petitions filed with USCIS.
Individuals who are already in the United States under a valid status may still move forward with their green card process through adjustment of status by filing Form I-485, provided that a visa number is available.
Dual nationals may have additional options. Brazilian investors who also hold a valid passport from a country not subject to the suspension may be able to proceed using that nationality. For example, an applicant with both Brazilian and European Union citizenship could use their EU passport for the EB-5 process.
For a deeper overview of how this development may affect employment-based immigration, refer to our analysis: Trump Temporarily Pauses Immigrant Visas for 75 Countries: What High-Skilled Professionals Should Know.
5. Enter the U.S. and Receive Your Conditional Green Card
Using the EB-5 visa stamp, you and your family may travel to the United States as lawful permanent residents. Upon entry, Customs and Border Protection grants conditional permanent residence for two years.
6. Remove Conditions (Form I-829)
Within 90 days before your conditional green card expires, file Form I-829 with evidence that the investment was maintained and 10 jobs were created and preserved. Upon approval, you receive full, unconditional permanent residency.
Practical Guidance for Brazilian Investors
Start early
Given current policy uncertainty, begin gathering documents well in advance. Police clearances, financial records, and translations take time.
Work with experienced professionals
The EB-5 process involves U.S. immigration law, securities regulations, and often Brazilian financial rules. Many investors choose to work with immigration counsel and financial professionals who are familiar with cross-border transactions.
Evaluate Regional Center options carefully
Most Brazilian EB-5 investors choose Regional Center projects. Investors often review factors such as the sponsor’s track record, prior project performance, and the methodology used to estimate job creation.
Consider rural projects
Rural EB-5 projects may offer important advantages under current policy, including reserved visa availability and favorable processing treatment. For investors who are evaluating project options, this can be an important factor in overall case strategy and timeline planning.
Assess Adjustment of Status early if you are in the United States
Investors who are lawfully present in the United States may be eligible to pursue adjustment of status instead of consular processing. In some cases, eligible applicants may also file adjustment of status concurrently with the EB-5 petition, which can provide additional benefits such as work and travel authorization while the case is pending.
Consider dual citizenship
If you have access to citizenship from a country not on the suspension list, using that passport may provide a path forward during the current pause.
Prepare for interviews thoroughly
If consular interviews resume, expect detailed questions about your source of funds and your understanding of the EB-5 project. Have comprehensive documentation ready, and practice explaining the timeline of your funds.
Maintain your investment
After obtaining conditional permanent residence, EB-5 investors generally must maintain their investment and demonstrate that the required jobs were created or are expected to be created within a reasonable period. This evidence is typically submitted when filing Form I-829 to remove conditions on permanent residence.
EB-5 Filing Fees
USCIS filing fees for the EB-5 program are subject to change. As of early 2026, base filing fees include Form I-526 or I-526E (Immigrant Petition by Investor) at $3,675, Form I-485 (Adjustment of Status) at $1,440, and Form I-829 (Petition to Remove Conditions) at $3,750. Regional Center investors filing Form I-526E must also pay a $1,000 Integrity Fund fee.
These are base government filing fees only, plus applicable additional fees. Fee amounts have changed multiple times in recent years. Always verify current fees directly at USCIS.gov before filing any petition.
Consular Processing vs. Adjustment of Status
Consular processing is the standard path for investors living outside the United States. After I-526 approval, you complete an immigrant visa interview at a U.S. Embassy or Consulate.
Adjustment of status is available to investors already in the United States on valid nonimmigrant status (such as a student visa, work visa, or visitor visa). Instead of traveling abroad for consular processing, you file Form I-485 to adjust your status to permanent resident while remaining in the U.S.
The best approach depends on your current immigration status, location, and personal circumstances. Given current policy conditions, Adjustment of Status may provide a more predictable path for eligible applicants, as it is not impacted by the pause on visa issuance abroad.
Determining Whether the EB-5 Program Aligns with Your Goals
The EB-5 program offers a proven path to U.S. permanent residency for investors who can meet the capital and job creation requirements. For Brazilians, the program has historically offered advantages: no per-country quota, no visa backlog, and processing times that compare favorably to applicants from high-demand countries.
The current policy environment does not change the fundamentals of the EB-5 program. However, it does require careful planning around timelines, particularly for those pursuing consular processing.
The best approach depends on your specific circumstances, including your source of funds, investment timeline, family situation, and risk tolerance. An immigration attorney can help you evaluate whether EB-5 aligns with your goals and which pathway makes the most sense for your situation.
