EB-5 Visa for Brazilians in 2026: Costs, Steps and Risks

The EB-5 visa gives a foreign investor a conditional Green Card for putting capital into a U.S. business that can create at least 10 full-time jobs. For petitions filed on or after March 15, 2022, USCIS requires $1,050,000, or $800,000 in a targeted employment area. The money must be at risk and come from a proven lawful source.

This guide relies on official sources (USCIS, the IRS and Brazilian legislation) and shows what changes for people who are tax residents of Brazil. Nothing here guarantees approval: the outcome depends on the project, the documents and USCIS's review.

How much is the minimum EB-5 investment in 2026?

USCIS sets the minimum at $1,050,000 for petitions filed on or after March 15, 2022. If the business is in a targeted employment area (TEA), the minimum drops to $800,000, a figure that includes infrastructure projects.

Future amounts will be adjusted by the CPI-U, the U.S. consumer price index for urban consumers, using March 15, 2022 as the base. Adjustments happen every five years, and the first one applies to petitions filed on or after January 1, 2027.

Be careful with old materials. The figures of $1.8 million and $900,000 come from a 2019 rule that a U.S. federal court vacated on June 22, 2021, according to USCIS. They are not the current amounts.

These figures are only the invested capital. Attorney fees, government fees and the regional center's administrative fees are not included and vary by project; get everything in writing before you sign.

What is a targeted employment area (TEA)?

A TEA is a rural area or a high-unemployment area. This classification is what lowers the minimum to $800,000. According to USCIS, a rural area is any area outside a metropolitan statistical area (MSA) and outside the boundaries of a city or town with 20,000 inhabitants or more, based on the most recent decennial census. A high-unemployment area is one where the weighted average unemployment rate reaches 150% of the national average.

The law also reserves part of the EB-5 visas each fiscal year:

Leftover reserved visas stay in the same category for one more fiscal year. After that, they are released to the unreserved EB-5 numbers, according to USCIS.

Regional center or direct investment: which one should you choose?

The core difference is how jobs are counted. In a direct investment, the business itself must create the 10 jobs. Through a regional center, up to 90% of that requirement can be met with indirect jobs, according to USCIS.

Before investing through a regional center, check whether it appears on the list of approved regional centers that USCIS publishes by state. USCIS also states that it takes steps to terminate centers that did not pay the EB-5 Integrity Fund fees.

In a direct investment, whoever takes a management role may need protection against liability for the business's decisions; see international D&O insurance for Brazilians.

How does the process work, from the I-526E to the I-829?

The process has two phases: approval of the investment, which leads to conditional residence, and the removal of conditions with the I-829. The sequence below follows the official USCIS page.

1. •File the petition. Use the I-526E for a regional center investment or the I-526 for a direct investment.
2. •Check whether a visa is available. If a visa is immediately available, you can file the I-485 together with the petition, while it is pending, or after approval. Availability depends on the Department of State's Visa Bulletin.
3. •Choose the path after approval. Either you submit the DS-260 to the Department of State to get the visa abroad, or you file the I-485 with USCIS to adjust status inside the U.S.
4. •Become a conditional resident. This happens when the I-485 is approved or upon admission to the U.S., for the investor and the included dependents.
5. •Remove the conditions. File the I-829 in the 90-day window immediately before the second anniversary of the adjustment of status or admission. If USCIS approves it, the conditions are lifted from the status of the investor and the included dependents.

Missing the 90-day window can lead to the end of conditional status. USCIS accepts a late filing only for good cause and extraordinary circumstances, at its discretion.

There is no guaranteed review time. USCIS publishes processing times by form on its website; check them before building any timeline.

What counts as capital at risk and a lawful source of funds?

USCIS only accepts capital that you legally own, obtained by lawful means and actually placed at risk. Risk means the possibility of loss and a chance of gain. Guaranteed return does not count as capital at risk, and money of criminal origin never counts.

Some points from the USCIS Policy Manual:

• •A loan from the investor to their own business does not count as a capital contribution.
• •Since May 14, 2022, gifts (donations) and loans to the investor are accepted as capital, as long as the conditions set out in the policy are met.
• •Mere intent to invest is not enough; the activity of the business must be proven.

To prove the source, USCIS lists, as applicable: business registration records abroad, personal and business tax returns, audited financial statements, pay evidence issued by employers, loan agreements secured by the investor's own assets, gift instruments and certified records of lawsuits with a monetary judgment against the investor.

In practice, Brazilians need to gather income tax returns, balance sheets, asset sale contracts and statements that show the path of the money to the U.S. A mismatch between what was declared to Brazil's Federal Revenue Service (Receita Federal) and what is presented to USCIS tends to raise questions. A prior tax and documentary compliance review reduces that risk.

What are the risks of EB-5?

The main risk is financial. Because USCIS requires capital at risk and does not allow a guaranteed return, the investment may yield less than expected or be lost.

• •Project risk: the business may fail to create the 10 required jobs. In that case, USCIS may deny the I-829, and the conditions of residence are not removed.
• •Program risk: USCIS states that the Regional Center Program is in effect through September 30, 2027. Check the USCIS website for any extension before investing.
• •Regional center risk: a center that stops paying the Integrity Fund fees may be terminated.
• •Documentary risk: a failure to prove the source of funds can lead to denial of the petition.
• •Warning sign: a project sold with a promise of approval or a guaranteed return contradicts the USCIS rule, which excludes guaranteed return from capital at risk.

Hiring a U.S. immigration attorney and doing independent due diligence on the project are basic measures. They reduce the risk, but do not eliminate it.

What changes in taxation for Brazilians?

A Green Card holder becomes a U.S. resident for tax purposes under the IRS green card test and is taxed like a U.S. citizen on worldwide income. If you remain a tax resident of Brazil, Law No. 14,754/2023 (Lei 14.754/2023) may also reach the income from capital invested abroad.

The points to watch in each jurisdiction:

• •U.S.: the IRS treats as a tax resident anyone who meets the green card test or the substantial presence test. U.S. residents are, in general, taxed in the same way as citizens, with worldwide income subject to tax.
• •Brazil: Art. 2 of Law 14,754/2023 requires individuals resident in the country to report, separately in the Annual Adjustment Return, income from financial investments and profits and dividends of entities controlled abroad, at a rate of 15% in the annual adjustment (§ 1). Whether your EB-5 investment falls into these categories depends on the structure, and an accountant should determine it.
• •Central Bank: Law No. 14,286/2021 (Lei 14.286/2021) is the legal basis for reporting Brazilian capital abroad (CBE). Limits, deadlines and format are on the Central Bank of Brazil (BCB) page; confirm there whether your investment falls under the obligation.

A change of tax residence requires planning before the move, not after. See the international tax planning service and the article on multi-currency strategy for high-net-worth Brazilians. To understand what the law allows and what it limits regarding secrecy, read asset privacy with legal strategies.