Should Brazilians Still Apply for the EB-5 Visa in 2026? Why Filing Now May Be the Smartest Strategy

Should Brazilians Still Apply for the EB-5 Visa in 2026?

Over the past several months, one question has come up repeatedly during consultations with Brazilian investors:

"If immigrant visa issuance is currently frozen for Brazilians, does it still make sense to apply for an EB-5 Visa now?"

For many investors, the answer is yes.

While the current situation has understandably created uncertainty, it is important to separate temporary visa processing issues from the EB-5 program itself. The EB-5 Immigrant Investor Program remains active, and USCIS continues to accept and process EB-5 petitions.

In fact, delaying an EB-5 filing may expose investors to future investment increases, policy changes, and longer wait times.

Below, we explain why many Brazilian investors continue moving forward with their EB-5 cases despite the current visa issuance restrictions.

The EB-5 Program Has Not Been Suspended

One of the biggest misconceptions is that the current visa restrictions mean the EB-5 program has stopped.

That is not the case.

The current situation primarily affects immigrant visa issuance for certain Brazilian nationals—it does not prevent eligible investors from filing an EB-5 petition with USCIS.

The EB-5 program remains authorized under U.S. law, and USCIS continues to:

• accept new EB-5 petitions,

• review investor applications,

• issue Requests for Evidence when necessary,

• and approve qualifying cases.

For investors considering the program, this distinction is extremely important.

You Can Still Begin the EB-5 Process Today

The EB-5 process begins with filing:

• Form I-526 (Direct EB-5), or

• Form I-526E (Regional Center EB-5).

At this stage, USCIS evaluates whether the investor has met the program's legal requirements, including:

• the qualifying investment,

• lawful source of funds,

• path of funds,

• and overall eligibility.

Filing now allows your case to begin moving through USCIS while broader visa processing issues continue to evolve.

Filing Now Establishes Your Priority Date

One of the most important benefits of filing early is establishing your priority date.

Your priority date generally determines your place in line for an immigrant visa if visa demand later exceeds the number of visas available.

At the time of writing, the EB-5 category remains current for most investors, meaning there is no general backlog based on priority dates.

While no one can predict future demand, obtaining a priority date now may place investors in a stronger position should visa retrogression occur in the future.

The Current Situation Mainly Affects Consular Processing

For many Brazilian investors, the current restrictions primarily impact consular immigrant visa processing at U.S. embassies and consulates.

This is different from USCIS processing an EB-5 petition.

USCIS continues reviewing investor petitions regardless of temporary consular processing limitations.

In other words, your immigration case can continue progressing even while final visa issuance remains affected.

What If I'm Already Living in the United States?

Some Brazilian investors are already in the United States under another lawful immigration status.

Depending on the circumstances, they may be eligible to pursue permanent residence through Adjustment of Status rather than consular processing.

For eligible applicants, this may allow them to:

• remain in the United States,

• apply for employment authorization,

• request travel authorization,

• and continue the Green Card process through USCIS.

Eligibility depends on several factors, including immigration history and visa availability, so each case should be reviewed individually.

Why Filing Now May Save You Money

Another important consideration is the investment amount itself.

Under the current EB-5 Reform and Integrity Act, the minimum qualifying investment is generally:

• $800,000 for qualifying Targeted Employment Area (TEA) projects, including many rural projects; or

• $1,050,000 for projects outside a qualifying TEA.

Although these investment thresholds are currently in effect, they are not guaranteed to remain unchanged indefinitely.

Historically, EB-5 investment amounts have increased over time rather than decreased.

The current legislation is authorized through September 30, 2027, and future congressional action could result in higher investment thresholds or other program changes.

For many investors, filing now provides greater certainty under today's legal framework.

Waiting May Create Additional Risks

Many investors assume that waiting until the current situation is resolved is the safer option.

In reality, delaying may create new challenges.

Potential risks include:

• higher future investment requirements,

• increased demand for EB-5 visas,

• future visa backlogs,

• legislative or regulatory changes,

• and longer overall processing times.

Because the EB-5 process already takes time, many investors prefer to begin the USCIS portion of the case as early as possible rather than waiting for future uncertainty to unfold.

EB-5 Is a Long-Term Immigration Strategy

Even under normal circumstances, the EB-5 process is not immediate.

A typical case may involve:

• preparing source of funds documentation,

• filing the investor petition,

• USCIS adjudication,

• visa availability,

• Adjustment of Status or Consular Processing,

• conditional permanent residence,

• and eventually removing the conditions on the Green Card.

Beginning this process sooner allows investors to use that processing time productively rather than delaying every future step.

Frequently Asked Questions

Can Brazilians still file an EB-5 petition?

Yes.

USCIS continues accepting and adjudicating EB-5 petitions for eligible investors.

Does the current visa freeze stop USCIS from processing EB-5 cases?

No.

The current situation primarily affects immigrant visa issuance abroad, not USCIS review of EB-5 petitions.

Can I establish my priority date now?

Generally, yes.

Filing Form I-526 or Form I-526E establishes your priority date.

Can I apply if I'm already in the United States?

Depending on your circumstances, you may be eligible to pursue Adjustment of Status through USCIS rather than consular processing.

Will the EB-5 investment amount increase?

No one can predict future legislation. However, EB-5 investment thresholds have historically increased rather than decreased, making early planning an important consideration.

Bottom Line

Periods of uncertainty often cause investors to delay important immigration decisions.

However, for many Brazilian investors, waiting may actually increase risk rather than reduce it.

Filing an EB-5 petition now may allow you to:

• establish your priority date,

• begin USCIS processing,

• lock in today's investment requirements,

• prepare for future visa availability,

• and move your immigration strategy forward while others remain on the sidelines.

Every investor's circumstances are different, and the best strategy depends on your immigration history, financial situation, and long-term goals.

At Canero Fadul Reis Law, our team advises Brazilian investors throughout every stage of the EB-5 process—from evaluating investment options and documenting the lawful source of funds to Adjustment of Status and Consular Processing.

If you are considering the EB-5 program, schedule a consultation with Maria Eduarda Reis or Mirtha Fadul to discuss how the current immigration landscape may affect your individual case.