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How can I move my Brazilian company to the U.S. and qualify as a direct EB-5 investment?

I have a Brazilian company that sells mineral sources. Can I move the company to America while continue selling in Brazil as well? How can I proceed to make this a qualified EB-5 business?

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    This is possible, for example, via a transfer of assets (which could count toward your EB-5 investment). You should, however, explore an L-1/EB-1C option as well. Schedule a consultation with an immigration attorney who can evaluate your company and your professional background for all immigration possibilities.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may be better suited for a L-1A visa if you open a subsidiary of your Brazilian parent entity and transfer as a multinational executive or manager to the U.S. This visa leads to a green card eventually. An E-2 visa option may be possible if you are a national of a treaty country and invest in a small business in the U.S. This visa may be renewed while the business is operating but does not lead directly to a green card. The EB-5 option is also possible if you open a new commercial enterprise and invest $1 million (or $500,000 if the entity is in a targeted employment area) and creates at least 10 full-time positions (at least 35 hours/week). These amounts are expected to increase soon.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You have two options here. It sounds like: First, establish a U.S. entity (you can structure it as a branch or subsidiary or just a standalone) and invest the requisite minimum capital ($500,000 if business is located in a targeted employment area (or $1 million if not in a TEA) and create the requisite minimum jobs, etc., in following the EB-5 requirements; or second, establish a U.S. entity as a branch or subsidiary of the Brazilian company, process for an L-1 intracompany transfer, and process for lawful permanent residency as an executive/manager (first preference).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It sounds like this may be more suitable for an L-1A and then multinational executive/manager green card after a year.

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    Stephen Berman

    Immigration Attorney
    Answered on

    To qualify as an EB-5, you would need to create 10 new U.S. jobs and invest $1 million.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    Interesting question. You will have to set up a new company here in the United States, and to qualify for EB-5 you will need to make a capital investment of at least $500,000 (or higher), depending on where the business is located. The definition under EB-5 law of what is capital may include cash as well as other assets that are contributed by you personally. Making a cash investment may be a better option than contributing assets to the U.S. business. In addition to that, you will need to either have hired 10 new full-time workers at the U.S. company. Or a comprehensive business plan will need to be prepared that demonstrates how you will in a few years after you have filed. For more guidance, I suggest you speak with an EB-5 immigration law specialist.

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    Sarah Xiao Qian Mu

    Immigration Attorney
    Answered on

    You need to register a company in the U.S. and put your investment in the bank account that belongs to the U.S. office, then this U.S. office starts to do business. This company will be the petitioner to petition your direct investment visa.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The EB-5 application will likely take at least two to three years. If you invest $1 million and hire 10 U.S. workers, that is one option. Another option is if you have an E-2 treaty passport, such as Italy, you can apply for an E-2 based on a substantial investment of capital necessary to run the company. Finally, you might be able to open a branch office and be eligible for a company transfer visa.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Based from experience, this is a viable idea. It can be done with proper planning and coordination.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    On a very basic level, I do not see why you couldn't have ties to the Brazilian company. To start the company in the U.S., you would need to make a personal investment (that is, the company cannot make the investment for you), and you need to create 10 full-time jobs. Starting off on the right foot is important, and having an immigration attorney with EB-5 experience will be essential.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    What you suggest can probably be accomplished with proper planning. However, I would suggest that you consider an L-1 intracompany transferee visa instead. It is a lot cheaper and a lot faster.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can figuratively "move" your Brazilian business to the U.S. and qualify it as a direct EB-5 investment. However as a practical matter, that means you first have to establish a company in the U.S. and make the appropriate minimum investment of $1 million unless you locate your enterprise in a targeted employment area (TEA). In that case, the minimum investment would be $500,000. You would have to show that you put into the new company the minimum investment in terms of dollars and/or contributed property that has been appropriately appraised. You would not be able to count the investment you made in your business in Brazil. Yes, once your business is set up, you can sell products anywhere in the world, including Brazil.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    You can start a business in the U.S., even if it is related to your company in Brazil and qualify for the EB-5 investment. You would have to invest the required funds, which is presently $500,000 in specific areas or $1 million in other areas, and you must create 10 full-time jobs. Please be aware that most relatives do not count for the 10 employees.

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