Introduction
The EB-5 Immigrant Investor Program has gained traction in recent years as a pathway for foreign nationals to secure U.S. permanent residency through investment. While many are familiar with the investment requirements, one frequently asked question remains: Can you work in the U.S. with an EB-5 visa?
This blog post explores the employment rights of EB-5 visa holders, how the program differs from other visa types, and what potential investors should know about building their future in the United States — both financially and professionally.
What is the EB-5 Visa?
The EB-5 Immigrant Investor Program was established by the U.S. Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under this program, individuals and their immediate families (spouse and unmarried children under 21) become eligible for lawful permanent resident status — commonly known as a green card — by investing in a U.S.-based commercial enterprise.
To qualify for the EB-5 program, an investor must:
- Make a minimum investment of $1,050,000, or $800,000 if the investment is in a Targeted Employment Area (TEA).
- Invest in a new commercial enterprise.
- Create or preserve at least 10 full-time jobs for qualifying U.S. workers.
According to data from U.S. Citizenship and Immigration Services (USCIS), over 100,000 EB-5 visas have been issued since the program’s inception, making it one of the most effective employment-based immigration pathways for global investors.
Can You Work in the U.S. with an EB-5 Visa?
Yes — EB-5 visa holders can work in the United States. In fact, once an EB-5 investor is granted conditional permanent resident status (typically valid for two years), they receive the same work rights as any other green card holder. This means the investor, their spouse, and eligible children can:
- Work for any employer in the U.S.
- Start and operate their own business.
- Work in any industry or location within the country.
There are no restrictions on the type or location of employment, and EB-5 green card holders do not need employer sponsorship. This level of freedom is one of the key advantages of the EB-5 program compared to other employment-based visas.
However, it’s important to note that while the principal applicant must remain committed to the EB-5 investment during the conditional period, their employment outside of the EB-5 business is not restricted. For example, an investor who funds a hotel project through a regional center may still take up unrelated employment, open a new business, or even pursue further education in the U.S.
Comparison with Other Visa Types
To understand the full benefit of EB-5 visa work rights, let’s compare it with a few common U.S. visa categories:
| Visa Type | Work Authorization | Employer Sponsorship Required? | Freedom to Work Anywhere? |
|---|---|---|---|
| EB-5 | Yes | No | Yes |
| H-1B | Yes | Yes | No (limited to sponsor) |
| L-1 | Yes | Yes (intra-company) | No (limited to employer) |
| F-1 (Student) | Limited (CPT/OPT) | No | No (restrictions apply) |
| O-1 | Yes | Yes | No (specific to petition) |
As shown above, most work-authorized nonimmigrant visas are tied to a specific job or employer. In contrast, EB-5 green card holders have unrestricted access to the U.S. labor market, making it ideal for investors seeking long-term flexibility and opportunity.
Transitioning from EB-5 Visa to Permanent Residency
After receiving the initial two-year conditional green card, EB-5 investors must submit Form I-829 to remove conditions on their residency. This petition must prove that:
- The full investment amount was made and sustained.
- The investment project created (or is in the process of creating) the required 10 full-time jobs.
Upon approval, the investor and their family become unconditional permanent residents, with lifetime work and residence rights in the U.S. — and a future path to U.S. citizenship if they choose.
This transition is a key milestone, and working with experienced EB-5 professionals is critical to ensuring compliance with USCIS requirements during this phase.
Conclusion
The EB-5 visa not only offers a pathway to permanent residency in the United States — it also grants full employment rights to the investor and their immediate family. Unlike many other visa programs, EB-5 provides the flexibility to work for any employer, run your own business, or pursue professional goals without needing job sponsorship or approvals.
Whether you’re an entrepreneur, a seasoned investor, or a parent thinking about your family’s future, the EB-5 program offers both financial return and personal freedom — all while laying the foundation for long-term residency in the U.S.
Call to Action
Thinking about making the United States your new home and business base? The experts at Texas Capital Partners are here to help.
With a proven track record, access to TEA-qualified projects, and a commitment to investor success, Texas Capital Partners offers personalized guidance through every step of your EB-5 journey — from selecting the right project to securing your green card.
📩 Contact Texas Capital Partners today for a free consultation and learn how you can turn your investment into opportunity
