Can I work as a self-employed professional and still qualify for EB-5?

Generally, no. The EB-5 is an investment-based immigration visa focused on job creation, and operating solely as a self-employed professional on your own typically does not meet the program’s requirements.

The reason is structural. EB-5 requires that capital be invested in a legitimate commercial enterprise, either newly created or through a qualifying investment, that moves resources and demonstrates the capacity to generate the required jobs for workers in the United States. A standalone self-employment activity, without a business that fulfills this role, rarely fits the criteria.

This does not mean an individual investor is automatically excluded. With proper planning, it is possible to structure a business in a way that meets the program’s criteria. The key distinction is establishing an enterprise that creates jobs, rather than simply practicing a profession independently.

Because this is a sensitive point and highly specific to each case, it is worth designing the structure with specialized guidance and confirming the current requirements with the official source (USCIS). Be cautious of any promises of easy or guaranteed outcomes.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.