The EB-5 visa offers a path to permanent residency through investment. But beyond getting a Green Card, investors often wonder what they can legally do once they arrive in the U.S. or change their status. One key question is whether they can work, and if so, under what conditions.
Indeed, immigration laws can be confusing. Several visa types allow entry, but not all give work authorization. Some restrict the kind of work and the number of hours, while others tie your immigration status directly to your job. EB-5, however, works differently.
This article explains how EB-5 investors can legitimately work in the U.S., so you can understand your work rights and avoid legal trouble.
The EB-5 Immigrant Investor Program allows you to apply for a U.S. Green Card by investing in the U.S. economy. The U.S. government created this program to promote job creation and support new businesses. To qualify, you must:
- Invest at least $1,050,000 in a new U.S. business or $800,000 in a targeted employment area (TEA) project.
- Prove that the investment created at least 10 full-time U.S. jobs.
- Show that the money used for investment comes from lawful sources.
In return, you, your spouse, and unmarried children under 21 can receive lawful permanent residency. Other key benefits of the EB-5 program include:
- Freedom to live, work, and study anywhere in the U.S.
- No need for employer sponsorship.
- Path to U.S. citizenship by naturalization after five years of permanent residency.
Do EB-5 Investors Have the Right to Work?
Yes, you have the right to work as an EB-5 investor without needing extra permits or sponsorship after you have received your conditional Green Card. This right applies to both you and your eligible family members because you are now lawful permanent residents.
Green Card holders can work anywhere in the U.S., part-time or full-time. They can work for themselves or someone else, in any field allowed by law. However, if your EB-5 application has not yet been approved, you must follow the rules governing how you initially entered the U.S.
The Pathways to Legally Work in the U.S. as an EB-5 Investor
Before receiving a Green Card, you must go through either consular processing or adjustment of status. These are the two legal ways to move forward after filing the I-526E petition, which is the main EB-5 application form. Below is an overview of what each pathway involves and how it affects your ability to work in the U.S.
Consular Processing
If you are living outside the U.S., you will typically follow consular processing. In this case, you file your EB-5 petition (Form I-526E), and once approved, you file DS-260 with the U.S. Department of State. Then, you will need to attend an interview at a U.S. consulate or embassy in your home country.
If the visa is granted, you will enter the U.S. on an EB-5 immigrant visa, at which point you will be granted conditional permanent residency. Since consular processing requires you to be outside the U.S. during the waiting period, you cannot work in the U.S. until you enter the country as a permanent resident.
Adjustment of Status
Adjustment of status allows you to apply for a Green Card without leaving the U.S. if you already live in the U.S. on a valid visa. A major benefit of adjustment of status is concurrent filing. This means you can submit your Form I-526E and Form I-485 at the same time if you have a visa immediately available to you.
When you file Form I-485, you can also submit Forms I-765 and I-131. These let you apply for an employment authorization document (EAD) or work permit, and advance parole or travel permit. Once USCIS approves them, usually within a few months, you can start working in the U.S. and travel abroad while your Green Card application remains in process.
Also, filing Form I-485 locks in your legal status. Even if your original visa expires during the process, your pending application allows you to remain in the U.S. lawfully until USCIS makes a decision. However, you must meet the following conditions to qualify for concurrent filing:
- You must already be in the U.S. on a valid nonimmigrant visa like F-1 or H-1B.
- Your priority date must be current, meaning a Green Card is available for your country of chargeability under the Visa Bulletin.
- You must not have violated your visa status.
If you meet these conditions, concurrent filing can speed up your ability to live, work, and travel while you wait for your Green Card approval. It can also provide peace of mind since it gives you legal work authorization much sooner than waiting through the EB-5 approval process.
FAQs About EB-5 Investors Working in the U.S.
Below are some of the most common questions investors ask when it comes to working legally during or after the EB-5 process.
Can EB-5 Investors Work for Their Own Business?
Yes, you can, once you have a Green Card. Similarly, if you have applied for adjustment of status and only hold an EAD card, you can still work for your own business while waiting for the Green Card.
Can EB-5 Investors Work Remotely?
Yes, EB-5 investors can work remotely if the job or business allows it. Once they have the Green Card or employment authorization document (EAD), they can work from home, coworking spaces, or other places. They can also choose not to work at all.
Can EB-5 Spouses and Children Work?
Yes, the spouse and unmarried children under 21 who receive Green Cards through the EB-5 program also have the legal right to work in the U.S. This includes part-time work during school or full-time work after graduation. There are no extra rules as long as the work follows state and federal labor laws.
Are the Work Rules Different for Conditional and Permanent Green Card Holders?
No, the work rules are not different, as conditional and permanent Green Card holders have the same right to work in the United States. The main difference between the two cards is the length and status of your residency. A conditional Green Card lasts for two years and is tied to your meeting the EB-5 investment and job creation requirements. On the other hand, a permanent Green Card is renewable and does not carry those conditions.
Get Legal Work in the U.S. Through the EB-5 Program
The EB-5 program offers more than just a path to U.S. residency. It opens the door to full employment rights for investors and their families. But each step in the process matters, which is why it is best to work with EB-5 professionals from start to finish.
EB5AN has helped over 2,700 families from more than 70 countries to live, work, and thrive in the U.S. with full legal status. Our team has over a decade of experience and can guide you from project selection to you getting your unconditional Green Card.