Can I live at the border and work in my EB-5 business?

The EB-5 visa is a pathway that allows investors to obtain conditional residence in the United States through the creation or preservation of jobs, via a qualified investment. This program was structured to boost economic growth while simultaneously offering residency opportunities to foreign investors. However, there are important points to consider when it comes to residency and business operations.

If your intention is to live at the border – for example, in a neighboring country while maintaining an EB-5 business in the United States – it is essential to understand that the EB-5, generally speaking, requires the investor to maintain resident status within U.S. territory. Although the program does not require you to manage day-to-day operations, it presupposes that you meet the permanent residence requirements.

This means that residing outside the U.S., even if close to the border, may raise issues regarding the maintenance of your domicile and compliance with legal immigration requirements, such as the minimum physical presence in the country. Additionally, the structure of the EB-5 visa is directly linked to job creation within the United States. Therefore, the enterprise you invest in must be based in U.S. territory and contribute to the local economy.

If you choose to live at the border, it is imperative to have a strategy that demonstrates your intention to maintain significant ties with the U.S., such as a fixed address, bank accounts, tax obligations, among other aspects that prove your commitment to the country.

It is also important to reflect on how your business operates. The EB-5 does not require active participation in company management, which allows some investors to opt out of direct daily involvement. However, if you are actually going to work in the business, it is essential that your activities comply with immigration rules and program guidelines, ensuring all legal obligations are met.

Finally, following United States immigration law is crucial. Given how complex this area can be, it is recommended to seek the support of specialized professionals – always verifying the consultant’s credibility – and to be cautious when encountering offers or marketing campaigns that promise simplified or guaranteed results. These precautions help avoid problems and ensure that all conditions of your visa are being legitimately and transparently met.

In summary, living at the border and working in your EB-5 business can present complications related to maintaining permanent residence requirements and the structure needed for the program. Therefore, it is advisable to carefully analyze your residence and operation strategy, always prioritizing strict compliance with United States immigration laws.

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.