Questions & Answers

How can I work for the EB-5 business I invested in?

My I-526 petition was approved recently and I already filed the I-485 and got my EAD card. Are there any restrictions who I can work for at this point? Can I work for the EB-5 business I invested in?

Answers

• Dale Schwartz

  Immigration Attorney

  Answered on August 31, 2018

  Sure. Go to work!

• BoBi Ahn

  Immigration Attorney

  Answered on August 14, 2018

  Sure, you are authorized for employment without any restriction (including working for the EB-5 business); however, you can not be counted toward the 10 jobs created when it comes time for filing to remove conditional permanent residency.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on August 13, 2018

  Yes, you can work with the company you invested in. However, as an investor, you may not be counted as one of the 10 required jobs the company is supposed to create.

• Barbara Suri

  Immigration Attorney

  Answered on August 8, 2018

  USCIS will have no objections. You have EAD.

• Marisa Casablanca

  Immigration Attorney

  Answered on August 7, 2018

  The employment authorization card allows you to work for any employer in the U.S. In your situation there are no restrictions for you to work for the EB-5 project.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on August 6, 2018

  As long as you have a valid EAD, you may work for the business you invested in. Of course, you cannot be counted as a qualifying employee for job creation purposes.

• Julia Roussinova

  Immigration Attorney

  Answered on August 6, 2018

  You may work for any lawful employer, including the EB-5 business you have invested in with an EAD. However, you may not be counted as one of the 10 full-time positions required to be created for EB-5 purposes.

• Robert West

  Immigration Attorney

  Answered on August 3, 2018

  You can work in any job with an EAD.

• Jinhee Wilde

  Immigration Attorney

  Answered on August 3, 2018

  There is no restriction on where you work with the conditional green card. I would not like to advise working for the company in which you invested with the EAD yet. As the Trump administration stated that all employment-based AOS applicant must be interviewed, I would advise you to hold off working for the invested company until you actually receive the conditional green card. Please note, however, 10+ permanent, full-time jobs that you must create with your investment cannot include your job position even after you receive the conditional green card.

• Lynne Feldman

  Immigration Attorney

  Answered on August 3, 2018

  Absolutely.

• Vaughan de Kirby

  Immigration Attorney

  Answered on August 3, 2018

  Once you have your approved EAD you can work for any lawful employer.

• Ying Lu

  Immigration Attorney

  Answered on August 3, 2018

  Yes, you can. However, your position will not be counted as one job created by the entity in terms of the job creation.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 3, 2018

  Yes you absolutely can work for your own company with the EAD but you cannot be counted as one of the 10 employees.

• Kyle Barella

  Immigration Attorney

  Answered on August 3, 2018

  You may take up employment in the United States as you are in possession of an Employment Authorization Document (EAD). This is not a problem.

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 3, 2018

  You can work for the business, but your employment will not count toward the required 10 jobs. Congrats on getting these approvals!

• Charles Foster

  Immigration Attorney

  Answered on August 3, 2018

  No, as long as you have work authorization there are no restrictions whatsoever in working in your EB-5 business that is the basis of your EB-5 Investor Petition filed on Form I-526.