How Can EB-5 Investors Legally Work in the U.S.?

The EB-5 Immigrant Investor Program offers a unique pathway for foreign nationals seeking to live and work in the United States. One of the key advantages of the EB-5 visa is the opportunity for investors and their families to legally work in the U.S.

Understanding the exact timeline and requirements for employment, however, can be a bit complex.

This article will guide you through the different ways EB-5 investors can legally work in the U.S., highlighting important distinctions between consular processing and adjustment of status pathways, as well as other key benefits, such as the ability to apply for a work permit before receiving a Green Card.

The EB-5 Visa: An Overview

The EB-5 program allows foreign nationals to obtain U.S. permanent residency (a Green Card) by investing in a U.S. business (known as a new commercial enterprise). The minimum investment amount is $1,050,000—or $800,000 if investing in a project located in a targeted employment area (TEA)—and this investment must be used by the new commercial enterprise to create at least 10 full-time jobs for U.S. workers.

As part of the application process, EB-5 investors must prove that they’ve invested the required amount and that they are eligible for an EB-5 visa. Once approved, they and their immediate family members (their spouse and unmarried children under 21) can apply for permanent residency in the U.S.

The process of securing a Green Card through the EB-5 program, however, involves multiple steps. During this time, EB-5 applicants and their family members may want to seek career opportunities in the U.S.

But when exactly can you begin working? And how do you go about making sure you can?

The Pathways: Consular Processing vs. Adjustment of Status

There are two main pathways for EB-5 applicants to obtain permanent residency: consular processing and adjustment of status. The process you follow will depend on whether you are currently in the U.S. or abroad, and it will also determine when you can begin 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, after your EB-5 petition (Form I-526E) is approved, 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.

The key point here is that consular processing generally requires you to be outside the U.S. during the waiting period, so you cannot work in the U.S. until you enter the country as a permanent resident.

Adjustment of Status

For individuals who are already in the U.S. on a non-immigrant visa, adjustment of status is often the more convenient route.

Adjustment of status allows you to apply for a Green Card without leaving the U.S. When you submit your Form I-526E, you can also file Form I-485 to request a change in status from your current visa to a Green Card holder.

The Power of Concurrent Filing for Adjustment of Status Applicants

One of the key advantages for those applying for adjustment of status is the ability to file your applications concurrently. When you submit your Forms I-526E and I-485, you can also apply for an employment authorization document (EAD).

An EAD is a work permit that enables you to legally join the workforce in the U.S. while your Green Card application is pending. Typically, foreign nationals in the United States on temporary visas who are transitioning to an EB-5 visa are able to benefit from this privilege. To utilize this option, the applicant’s visa category must be “current” in the latest visa bulletin.

The ability to apply for an EAD and begin working before receiving your Green Card is a huge benefit for EB-5 investors. This can significantly shorten the time it takes for you and your family to legally work in the U.S. when compared to waiting for consular processing and entering on an EB-5 immigrant visa. In many cases, applicants can obtain their EADs as quickly as 30 days after filing their applications, depending on the processing times.

Who Can Apply for a Work Permit (EAD)?

An EAD is available not only to the primary EB-5 investor but also to their dependent family members. This means that, while the EB-5 investor is in the process of obtaining permanent residency, their family can live and work freely in the U.S. In many cases, this can be a life-changing benefit, especially for spouses who may want to pursue a career or children who wish to attend school and work part-time.

The key is that the primary investor (and their eligible family members) must have a pending adjustment of status application (Form I-485) to be eligible for an EAD.

Once the EAD is granted, you can begin working legally, regardless of the status of your Green Card application. This benefit provides investors with greater flexibility and peace of mind while waiting.

Conditional Green Cards and the Freedom to Work

Initially, you will be issued a conditional Green Card. This means that your Green Card is valid for two years. Later, you will need to apply for removal of conditions before this conditional Green Card expires to obtain a renewable, 10-year Green Card.

While the conditional status does mean you must meet certain requirements to remove the conditions, it is important to note that this does not limit your ability to work in the U.S. When it comes to the freedom to live and work anywhere in the U.S., conditional Green Card holders and their families enjoy the same rights as permanent Green Card holders.

Other Key Benefits of the EB-5 Visa

Apart from the ability to work, the EB-5 visa offers several other advantages. For example, unlike many work visas, the EB-5 visa does not require employer sponsorship. As a result, investors are not tied to a specific job or employer and are free to work for any employer or start their own business in the U.S.—or not work at all.

Since the EB-5 program offers a direct path to U.S. permanent residency, this can lead to U.S. citizenship after five years. This is a significant benefit of the program, especially when compared to non-immigrant visa routes.

Another benefit of the EB-5 visa is that it includes immediate family members, allowing entire families to enjoy the same rights and freedoms in the U.S., including the right to work.

Finally, compared to other employment-based visa options, the EB-5 visa provides a relatively fast path to permanent residency.

How EB5AN Can Help You and Your Family Legally Work in the U.S.

For EB-5 investors, the ability to legally work in the U.S. is one of the most appealing benefits of the program.

For those eligible to file for adjustment of status, concurrent filing allows you to obtain an EAD and begin working before even receiving your Green Card. Once granted permanent residency (even with a conditional Green Card), you and your family can continue to work and live in the United States without the need for employer sponsorship.

If you’re looking to work legally in the U.S. by taking advantage of the EB-5 program, one of the first steps you should take is selecting a high-quality project sponsored by an experienced regional center.

EB5AN has helped more than 2,300 families from 70+ countries become lawful permanent residents of the United States. Our expert team has more than a decade of experience, and we offer clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about your employment options with an EB-5 visa, book a free call with our expert team today.