When can an EB-5 investor and family begin working?

Unfortunately, you cannot file for adjustment of status (and for advanced employment authorization) until the I-526 is approved. Proper immigration planning is very, very important!

You are not allowed to work in the United States until you receive a work permit. You would first have to have your petition, the I-526, approved, then you would apply for your adjustment of status to permanent residence when your priority date is current. At that same time, you apply for a work and travel permit, which is issued in about 90 days. Upon receipt of that work permit, you and your family may work.

Filing an I-526 petition will not provide you with any immigration status nor will it provide work authorization. When you consular process for your and your family's immigrant visas abroad in your home country upon approval of I-526 petition, you will enter the United States as conditional permanent residents and will generally receive your social security numbers and green cards by mail. You will be authorized to work and live anywhere in the United States and apply for any type of jobs depending on your qualifications and experience (except certain federal jobs that require U.S. citizenship).

With an immigrant visa in your possession upon entry into the United States, you can start working as soon as you can. Also, you can work anywhere you want and do any type of work you can comfortably handle.

Once you receive your "conditional permanent residence" status you may work in any lawful capacity anywhere in the United States.

An EB-5 investor and his family can commence working only after they obtain lawful permanent residency; that means after the EB-5 investor's I-526 petition has been approved, visa numbers are available and either the immigrant visa has been issued or the adjustment of status application is approved and all members have become lawful permanent residents of the United States. At that time you are eligible to work; however if you have applied for adjustment of status within the United States, within 90 days you may be able to obtain an Employment Authorization Document (EAD).

An EB-5 investor and his/her family can only begin working once they obtain their permanent resident card. A permanent resident can typically hold any job they are qualified for - save for a few jobs that require security clearance and only hire U.S. citizens. To learn more about how long it will take until you are eligible to work, please contact an EB-5 attorney.

After you receive your conditional residency, which should be shortly after you arrive in the United States - assuming you file the I-526, get it approved, process everyone for an immigrant visa at the consulate and then immigrate. Figure 18-24 months from the time you file. But in the meantime you can continue working in your home country.

As a conditional lawful permanent resident (after I-526 approval and adjustment of status or immigrant visa approval), you will have the same rights and privileges as a permanent resident of the United States, so you can work anywhere and there is no restriction on the type of job you can hold (assuming you qualify for the job). Before you receive your conditional lawful permanent resident status, you would need a valid nonimmigrant status to remain and work in the United States. Any nonimmigrant status likely will have restrictions on who you may work for and what you may do. Examples of work-authorized nonimmigrant status include H-1B or L-1.

You will be authorized to work once you are a permanent resident green card holder. If you invested in a USCIS-approved regional center, you can work anywhere in the United States.

When you receive your legal residence, you will be able to work or you may apply for other nonimmigrant visas to allow you to work in the United States prior to this. Consult an experienced immigration attorney to make a choice that is right for you!

Under EB-5 processing, you are not accorded an immigrant status until you are approved for the "green card" (the earliest you can apply for a "work permit" is when filing for adjustment of status in the United States after the investor petition is approved, if you are processing in the United States). You would need to apply for a separate nonimmigrant visa status, which would allow to you work in the United States while the EB-5 immigrant investor processing is proceeding.

When you arrive in the United States with your immigrant visas, you are permanent residents conditionally for two years. This gives you the right to live and work anywhere in the United States. When your condition is removed about 3-4 years later, then your residency has no restrictions/condition and becomes permanent. Again, as a permanent resident, a person could live and work anywhere without restrictions.