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How can I work for another company while running a direct EB-5 business?

I am a conditional green card holder through my direct EB-5 investment. I was approached by my friend, who is a U.S. citizen, and he would like to hire me to work for him while I am waiting for a permanent green card. If I keep my direct EB-5 business open and my wife supervises the daily operations, while I get paychecks as an employee from a company owned by my friend, will that jeopardize my chance of removing the conditions on my green card? If this scenario is feasible, what are some “minefields” during this process regarding the running of my own EB-5 business?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    A conditional green card holder is the same as any other green card holder, and if you now have another business and all the I-829 requirements have been met or will be met, there is no reason why you cannot work in another business as well.

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    Barbara Suri

    Immigration Attorney
    Answered on

    As long as you have employment authorization, there is no immigration law that limits the number of jobs you can work in the U.S.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    I do not see a problem with you working as an employee of another company in this situation. If you keep your investment sustained in your new business and your new business has at least 10 new employees who are U.S. workers, then USCIS will approve your I-829 petition.

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    Charles Foster

    Immigration Attorney
    Answered on

    Since you are a conditional green card lawful permanent resident of the United States, you have the right to be employed anywhere within the United States by any company. At the same time, you need to keep a position with your direct EB-5 business. You could maintain some managerial position, such as an officer of the company or director, while your wife supervises the day-to-day operations. Working for your friend's company should not jeopardize your opportunity to remove your conditions in your permanent residency, as long as you can show that you created 10 full-time jobs for United States workers and you keep your minimum investment fully deployed, until such time as you remove conditions by filing your application on Form I-829.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The removal of condition on EB-5 case hinges on the jobs your investment has created, not whether you, as an investor, must work for the company. In fact, the number of jobs you create in that company should not count you or your family members. Thus, if you take a more policy-setting role as a board member for the direct EB-5 business, there is nothing that would prevents or prohibits you from taking another full-time employment.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Direct EB-5 does not require that you work for the company so long as you remain adequately engaged to manage the enterprise. Check the company's formation documents and business plan carefully for your stated responsibilities and make sure those are fulfilled.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You can accomplish this is you do it correctly and carefully. You should consult an experienced EB-5 lawyer for advice.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can hold multiple jobs as a permanent resident. As long as you maintain an active role in managing your EB-5 business, you can also work for another employer as well.

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