Questions & Answers

Can I work for the project I invest in during the 2-year conditional permanent residency?

If I choose to work for the real estate developer who is responsible for the EB-5 project I invest in during the two-year conditional permanent residency, could USCIS question my case and deny my I-829?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on March 3, 2020

  You can work anywhere once you obtain your conditional permanent residency.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 3, 2020

  Probably not. You cannot be one of the 10 jobs though.

• Anthony Korda

  Immigration Attorney

  Answered on March 2, 2020

  You can work for the project during the conditional residency period, but your employment will not count towards the required job creation.

• Phuong Le

  Immigration Attorney

  Answered on March 2, 2020

  You are allowed to work for the developer, just note that if this is a direct EB-5 project you do not count towards the 10 jobs requirement for your I-829 petition.

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on March 2, 2020

  You can work as long as your job is not part of the job creation count.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 2, 2020

  If you work for the new commercial enterprise in your EB-5 case, it is unlikely that USCIS would question your employment or deny your I-829 for that reason alone. Keep in mind that in order for your I-829 to be approved it must be timely filed, it must demonstrate that you sustained your investment during the required period, and it must demonstrate that the NCE created at least 10 jobs as required by the regulations. Your employment will not count as one of those jobs, but you should not be penalized for your employment either.

• Dale Schwartz

  Immigration Attorney

  Answered on March 2, 2020

  No. Not unless you have some other visa that allows you to work or an employment authorization card.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on March 2, 2020

  This should be fine. Your attorney will guide you with any potential red flags.

• Lynne Feldman

  Immigration Attorney

  Answered on March 2, 2020

  There is no reason you can not do this.

• Irina Rostova

  Immigration Attorney

  Answered on March 2, 2020

  No, there is no bad in working for the developer. If anything, the investor is supposed to be involved in the management of the enterprise.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on March 2, 2020

  You can work during your two-year conditional residence period. That is what a green card allows you to do. You may be able to work for the developer. But your job or employment with the job-creating enterprise should not be counted in the accepted job creation model.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 2, 2020

  There is no prohibition on an investor working for the project that he or she has invested in but you can not be counted as one of the jobs.