Can I establish myself as self-employed and fulfill EB-5 requirements?

The EB-5 visa is intended for foreigners who make significant investments in commercial enterprises in the United States with the purpose of creating or preserving at least 10 full-time jobs for American workers. This program, therefore, focuses on creating businesses that generate employment opportunities and on the flow of capital into the U.S. economy.

In general terms, acting as a self-employed individual, working independently, may not meet the EB-5 requirements. This is because the program’s structure requires that the investment be made in a structured commercial enterprise-whether created from scratch or through a qualified investment-that, in addition to moving capital, must demonstrate the ability to generate the required jobs. If you operate solely as a self-employed professional without establishing a company that meets these job-creation criteria, you will likely not meet the necessary parameters to qualify for the EB-5.

It is important to emphasize that each case has its particularities and that United States immigration law is quite specific. Thus, even if there are alternatives or strategies that allow structuring a business which, although founded by a self-employed investor, is configured to meet the program’s requirements, this decision must be made cautiously. We always recommend seeking information from official sources and specialized consultants to avoid mistakes and not to be misled by promises of miraculous results, which are often associated with deceptive marketing campaigns.

Remember: strictly following immigration laws and relying on evaluations from experienced professionals is essential for any strategy involving the EB-5. This way, you can explore viable and safe options, avoid pitfalls, and ensure that all legal requirements are properly met.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.