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What happens if an EB-5 investor gets a job in the regional center?

If I invest in an EB-5 regional center, am I allowed to apply or get a job in the same company where I invested my money? Will this have any effect on my investment or EB-5 application?

Answers

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Provided that you have authorization to work in the United States, there should not be a problem. However your position/employment in the company will not count towards the 10 qualified full time employment positions that the company needs to create.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If an investor gets a job at the regional center or at the company that receives the investment (the new commercial enterprise), there are two things to remember. First, the creation of that job will NOT count for EB-5 purposes. Second, the investor may not engage in any unauthorized employment; he or she must wait until the employment authorization document or conditional green card is received in order to work in the United States.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The EB-5 investor can invest in the regional center project and can also work in the project. However, the investor's employment cannot count towards the ten employee requirement.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You should wait until you have your conditional green card or, if you filed for adjustment of status from another lawful nonimmigrant status, your employment authorization. Your employment will not count toward the required 10 jobs.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no reason to bar you from taking a job in the same company where you invested your money. Also, the employment should not affect either your investment or EB-5 application. Bear in mind though, that your EB-5 application will be thoroughly scrutinized just to make sure that it complies with all the rules and regulations governing the EB-5 requirements.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    Getting a job in a regional center does not affect your EB-5 application. Please note the regional center and projects that you invest in, in most cases, are different entities.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    I know of no reason why you cannot go to work for the regional center in which you invested, as long as your job is real and the salary is normal. Of course, you must wait until you have employment authorization from USCIS or your green card in hand.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    I do not see you securing a position within the EB-5 regional center as causing any issues with respect to your EB-5 Investment. Your job, however, may not count towards the job creation requirements.

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    John J Downey

    Immigration Attorney
    Answered on

    You could be employed by the company you invested in, but it will not count toward the 10 new jobs requirement.

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    Michael A Harris

    Immigration Attorney
    Answered on

    An EB-5 applicant or an approved EB-5 immigrant who has been admitted into the United States as a lawful permanent resident, can seek to work for the regional center in which they invested. The salary income you would be paid must be exactly that, salary and not income that is derived from the capital you invested. For more guidance on what USCIS has explained is permissible, you should contact a qualified immigration specialist.

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