For Brazilian entrepreneurs and high-net-worth individuals, moving to the United States often involves an investment strategy. The two most common pathways are the EB-5 Immigrant Investor Program and the L-1 Intra-Company Transfer Visa. But which US visa for Brazilian investors is the right choice for your family and your business goals?
1. EB-5: The “Green Card” Investment
The EB-5 visa is a direct path to permanent residency (Green Card). It requires a significant capital investment (currently $800,000 in targeted employment areas) that creates at least 10 US jobs.
- Pro: You get a Green Card for yourself, your spouse, and children under 21. You do not need to manage the day-to-day business if you invest in a Regional Center project.
- Con: High capital requirement and long processing times.
2. L-1: The “Executive Transfer” Visa
The L-1 is a non-immigrant visa that allows a Brazilian company to transfer an executive or manager to a US subsidiary. It is excellent for expanding an existing business.
- Pro: Faster processing (Premium Processing available). Allows your spouse to work in the US.
- Con: It is temporary (up to 7 years). It requires an existing Brazilian company with at least one year of operations.
3. Source of Funds: A Key Difference
All US visa for Brazilian investors applications face strict scrutiny on the “Source of Funds”. For EB-5, you must prove the lawful origin of every dollar. For L-1, the focus is more on the company’s financial health.
- Tip: Documenting your capital path (tax returns, property sales, inheritances) is crucial before applying.
4. Dual Intent Consideration
Both visas allow “Dual Intent,” meaning you can apply for them even if you plan to stay permanently. However, transitioning from an L-1 to a Green Card (EB-1C) requires careful strategic planning to ensure your US office meets the “managerial” criteria.
5. How a Dual-Licensed Attorney Helps
Navigating US immigration from Brazil requires understanding both legal systems. We help you structure your Brazilian assets to meet US investment requirements while minimizing tax exposure.
- Conclusion: Choosing between EB-5 and L-1 depends on your timeline, budget, and business goals. Don’t leave your American Dream to chance. Contact Ajax Law to discuss the best US visa for Brazilian investors strategy for you.