How the EB-5 Visa Can Provide Work-From-Home Flexibility

For many professionals, including H-1B visa holders and remote workers, the pressure to return to the office can feel overwhelming. Visa restrictions and employer demands often limit flexibility, making it harder to enjoy the freedom to work from anywhere.

The good news is that there’s a way out that does not depend on employers or possessing exceptional skills. Through the EB-5 program, you can secure permanent residency in the United States by making a qualifying investment. When followed correctly, the EB-5 visa process provides a pathway to obtaining a Green Card, relieving foreign nationals of strict visa rules or employer restrictions.

In this article, we’ll explain how the EB-5 program can open doors to remote work freedom and lifestyle flexibility.

Remote Work in the U.S.

The U.S. is an attractive place to reside for many reasons, including the country’s economic prosperity as well as its reliable education and healthcare systems. Additionally, America is widely known for being remote work friendly, providing numerous opportunities in industries such as technology and finance.

A recent report by Statista revealed that the technology sector has the highest share of remote employees globally, with 67.8% of its workforce working fully or mostly remotely. At the same time, a separate report by U.S. News ranks the U.S. as the fourth global leader in technology, showing the country’s prominent role in the tech industry.

Together, these reports highlight the U.S. as a prime location for individuals looking for remote roles. Home to companies such as Google, Apple, and Meta, the U.S. offers vast work opportunities in tech and other sectors, making the country a hub for professionals seeking remote careers.

Accessing these opportunities can be challenging without permanent residency, but the EB-5 visa program provides a path to a Green Card. Through a qualifying investment, individuals can gain the flexibility to live and work in the U.S., taking full advantage of its thriving industries.

What Is the EB-5 Immigrant Investor Program About?

The EB-5 visa program is a U.S. immigration option that rewards foreign nationals with permanent residency for investing in the U.S. economy. The investment must meet certain standards and fulfill specific requirements before applicants and their families are rewarded with Green Cards.

A qualifying investment involves a minimum amount of $800,000 in a new commercial enterprise (NCE) located in a targeted employment area (TEA). TEAs are essentially high-unemployment or rural regions that the U.S. government seeks to develop. For investments outside of TEAs, the minimum required amount increases to $1,050,000. But regardless of your investment location, your contribution must create at least 10 full-time jobs for U.S. workers.

There are two main ways to invest through the EB-5 program: direct investments and regional center investments. A direct investment typically involves starting and actively managing your own investment project. This option provides more control over the project but requires hands-on involvement with increased risks.

On the other hand, regional center investments allow you to contribute to pre-approved projects managed by a USCIS-approved regional center. Regional centers can pool investments from multiple participants and handle almost all aspects of your investment for you. Job creation requirements for regional center investments are also easier to meet.

The EB-5 Visa Process

While the EB-5 journey requires careful planning and patience, each step brings you closer to the freedom to live, work, and thrive in the U.S. Here’s a breakdown of the process.

Preparing Your EB-5 Petition

After selecting a promising investment project that complies with the EB-5 requirements, the next step is to submit Form I-526E to United States Citizenship and Immigration Services (USCIS). This petition proves your eligibility and includes key documentation like evidence of a lawful source of funds, proof of investment, and project job creation plans.

Partnering with qualified EB-5 professionals can ensure that your petition is complete and submitted accurately.

USCIS Review and Conditional Residency

Once your I-526E petition is approved, the next step is to obtain conditional permanent residency. Applicants outside the U.S. will attend a visa interview at a U.S. consulate. This stage grants you and your family conditional Green Cards, allowing you to live and work in the U.S. for two years while the goals for the investment are met.

If you’re already in the U.S.—for instance, H-1B visa holders—you can adjust your status by filing Form I-485 along with your Form I-526E. This concurrent filing opportunity allows applicants to remain in the U.S. under “pending adjustment” status. This means they do not need to fear deportation, even if they become unemployed or their temporary visa status expires. These investors can also apply for work and travel permits at the same time and enjoy most of the benefits of a U.S. Green Card while waiting for approval.

Creating Jobs and Sustaining Investment

During the two-year conditional residency, the project must fulfill the EB-5 requirements. Most regional centers will monitor progress and provide updates to ensure compliance. This phase is critical for removing the conditions on your residency.

Removing Conditions and Gaining Permanent Residency

Before the conditional Green Card expires, applicants are to file Form I-829 to request the removal of conditions. This petition confirms that your investment remained active and met the job creation requirements. Once approved, applicants become permanent residents with the freedom to live, work, and enjoy all the benefits of life in the United States. Those who invested in successful EB-5 projects can also get all of their investment capital back.

Obtaining Citizenship

After five years as a permanent resident, EB-5 visa holders can apply for U.S. citizenship through naturalization by meeting physical presence, moral character, and civics test requirements. The initial two years of conditional residency also count toward this.

Fast Track Your Green Card With Priority Processing and Set-Aside Visas

It is true that the EB-5 visa program used to put applicants through prolonged waiting times and visa backlogs, which can make the journey to U.S. residency challenging. Thankfully, the new provisions under the EB-5 Reform and Integrity Act (RIA) offer a way out by introducing reserved visas to fast-track the process and reduce these challenges.

The RIA reserves 20% of visa quotas for rural area projects, 10% for high-unemployment areas, and 2% for infrastructure projects. These set-aside visas allow investors (in the U.S. and abroad) in these categories to avoid competition with applicants in oversubscribed visa pools, offering a clearer and faster path to U.S. residency.

With these new provisions enacted in 2022, investors can now speed up their Green Card applications while contributing to rural projects to benefit from priority processing.

Achieve Your Work-From-Home Dreams With EB5AN

The EB-5 program offers unique advantages that set it apart from other U.S. visa options, particularly when it comes to long-term flexibility and independence. Unlike many work visas that tie individuals to specific employers or job locations, the EB-5 program grants Green Card holders complete freedom to work, live, or start a business anywhere in the U.S.

As a trusted EB-5 firm, EB5AN brings over a decade of experience and an excellent track record to help you succeed. With a 100% USCIS project approval rate, a team of qualified EB-5 professionals, and countless success stories, we provide the expertise and guidance you need to navigate the EB-5 process.

Schedule a free consultation with our team today to start enjoying work flexibility in the U.S. through an EB-5 Green Card.